Silly squeakers liquor bottle Bad Spaniels squeaker toy and Jack Daniel's Old No.7 liquor bottle. Courtesy photosPoop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
In a case that was remanded back by the Supreme Court, a U.S. district court found the toy was a parody that did not infringe on Jack Daniel's trademark, but still tarnished the whiskey brand, noting “human consumption and canine excrement do not mix.”
January 24, 2025 at 07:50 PM
4 minute read
What You Need to Know
- VIP Products said its irreverent toy was an obvious parody.
- Jack Daniel’s said the toy’s references to dog poop diluted its marks.
- The district court’s divided ruling follows a remand from the Supreme Court.
A 10-year trademark battle over a Jack Daniel’s-inspired dog toy that escalated to the Supreme Court has emerged from a U.S. district court, which found that, even though consumers were unlikely to confuse the irreverent toy with the famous brand, its repeated references to dog poop tarnished the whiskey maker’s mark.
The divergent decision issued Thursday by U.S. District Senior Judge Stephen McNamee of the District of Arizona found Jack Daniel’s was entitled to a permanent injunction against the “Bad Spaniels” chew toy.
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