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Parody, pet poop and product protection will be before the U.S. Supreme Court in a humorous take on a serious subject: when spoofs of well-known commercial brands go too far under federal law.
The justices will hear oral arguments Wednesday in an appeal from distiller Jack Daniel’s, which is suing to stop an Arizona company from selling plastic dog toys that look similar to its iconic whiskey labels and bottles.
It is the latest high-profile intellectual property rights case at the Supreme Court. A ruling expected by June could clarify the limits of the First Amendment in such trademark infringement disputes.
At issue is the “Silly Squeakers” line of dog toys, with some that mimic well-known brands.
NEW JACK DANIEL’S INDIAN MOTORCYCLE HAS WHISKEY IN THE PAINT
The U.S. Supreme Court is set to hear oral arguments with the Jack Daniel’s company. (Valerie Plesch / Bloomberg via Getty Images / File)
Phoenix-based VIP Products markets dozens of novelty pet products, including the 18-inch “Bad Spaniels” vinyl toy shaped like a liquor bottle, advertised on its website as “Silly and Fun For Everyone!”
The high-end whiskey maker in its appeal refers to the toy as “poop-themed” and says the parody product damages its valuable brand by confusing customers.
The chew toy has the words “The Old No. 2 on Your Tennessee Carpet,” a play on the Jack Daniel’s phrase “Old No. 7 brand.” And while the Jack Daniel’s bottle reveals that it is 40% alcohol by volume, the toy’s label playfully indicates that it is “43% Poo by Vol.” and “100% Smelly.”
VIP says its packaging makes clear that “This product is not affiliated with Jack Daniel Distillery.”
GEORGIA SUPREME COURT UNDECIDED ON FATE OF APPEALS JUDGE ACCUSED OF ETHICAL MISCONDUCT
Jack Daniel’s is set to present oral arguments before the Supreme Court. (Igor Golovniov / SOPA Images / LightRocket via Getty Images / File)
LEGAL STAND-UP
In what passes for judicial humor, intellectual property experts and legal bloggers have been…
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