Supreme Court docket to listen to Jack Daniel’s trademark case in opposition to canine toy firm

The Supreme Court docket has agreed to take up a trademark case centered round a squeaky canine toy that is “43% Poo by Vol.” and “100% smelly.”

The court docket on Monday agreed to listen to the trademark dispute introduced by whiskey maker Jack Daniel’s in opposition to VIP Merchandise, an Arizona-based firm that sells merchandise mimicking liquor, beer, wine and soda bottles.

The toy in query, dubbed the Dangerous Spaniels Foolish Squeaker, carefully resembles Jack Daniel’s signature Outdated No. 7 Black Label Tennessee Whiskey bottle. It contains a cartoon spaniel on its entrance and references to Jack Daniel’s Outdated No. 7, such because the label “Outdated No. 2 on Your Tennessee Carpet.”

The toy retails on-line for about $17 and notes on the packaging in small font: “This product will not be affiliated with Jack Daniel Distillery,” in accordance with the Related Press.

Jack Daniel’s is arguing VIP Merchandise is in violation of federal trademark regulation and might be complicated consumers, whereas VIP Merchandise argues the toy is an “expressive work” beneath First Modification protections.

In a 2020 ruling, the U.S. Court docket of Appeals for the ninth Circuit sided with VIP Merchandise, prompting Jack Daniel’s to hunt additional reduction from the Supreme Court docket. The court docket will seemingly hear arguments within the Jack Daniel’s case early subsequent 12 months.

VIP Merchandise additionally sells parodies of different fashionable alcoholic bottles together with together with “Stella Arpaw,” which mimics designs from beermaker Stella Artois, and “HeineSniff’n,” which resembles Heineken. 

In 2008, VIP Merchandise misplaced an identical case introduced by Budweiser-maker Anheuser-Busch, who sued the corporate over a toy labeled “ButtWiper.”

VIP declined to touch upon Tuesday as a result of pending litigation. Representatives for Jack Daniel’s did not instantly return request for remark.