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Thesaurus.com was probably the star of yesterday’s Supreme Court oral arguments, in which attorneys for Jack Daniel’s had to use every synonym for “dog poop” they could find. The whiskey brand argued that the dog toy company VIP Products violated its trademark with a crude squeaky toy that mimicked its iconic product. Tpr Dog Toys
The VIP “Bad Spaniels” dog toy at the center of the case is modeled after the recognizable whiskey bottle, but instead of saying “Old No. 7 Tennessee Sour Mash Whiskey,” it features “Old No. 2 on your Tennessee carpet” in an almost identical font. Jack Daniel’s claims that the similarity of the toy’s appearance to the real product confuses customers and associates the company’s “fine whiskey with dog poop.” VIP says its toy is a parody protected as creative expression.
A district court sided with the whiskey-maker, but an appeals court said that because the toy was a parody, extra care had to be taken to ensure that enforcing the trademark didn’t run afoul of the First Amendment. The appeals court then found VIP could keep making the toy.
Bottom line: Whether the high court sides with the toymaker or says the company really stepped in it, the decision could redefine how far federal trademark protections reach when humor is involved.—MM
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