Posted on 11/22/2022 6:25:39 AM PST by Red Badger
The Supreme Court is going to the dogs. The high court on Monday said it would hear a dispute between Jack Daniel’s and a company that sells a parody dog toy that mimics the whiskey brand’s iconic bottle.
Jack Daniel’s had asked the high court to hear its case against Arizona-based VIP Products, which manufactures the Bad Spaniels dog toy. The toy resembles the Jack Daniel’s bottle and label, though the wording is different. The parody label reads “The Old No. 2 on Your Tennessee Carpet,” while the original reads “Old No. 7 brand” and “Tennessee Sour Mash Whiskey.”
Other major companies, including Campbell’s Soup, Patagonia, and Levi Strauss, have urged the justices to hear the case as it would have important implications on trademark law, the Associated Press notes.
In court filings, attorneys for VIP Products said, "It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it — and everyone else — has had enough.”
"VIP has never sold whiskey or other comestibles, nor has it used 'Jack Daniel’s' in any way (humorously or not). It merely mimicked enough of the iconic bottle that people would get the joke," the filing continued.
"To be sure, everyone likes a good joke. But VIP’s profit-motivated 'joke' confuses consumers by taking advantage of Jack Daniel’s hard-earned goodwill," Lisa Blatt, the lead attorney for Jack Daniel’s, wrote in a court filing.
Blatt went on to criticize the Ninth Circuit for its earlier decision in the case, saying its decision “gives copycats free license to prey on unsuspecting consumers and mark holders” and that “companies like VIP may market funny alcohol-themed rip-offs to children” while others may “sell copies of popular food brands laced with marijuana.”
The Bad Spaniels dog toy is part of VIP’s Silly Squeakers line. The toys resemble liquor, beer, wine, and soda bottles.
In 2008, a court prevented the company from selling a Budweiser parody, ButtWiper, the Associated Press reports.
This is much more important than the 2020 election was. /s
Why…
oh yeh...copycat bottle is more than likely a violation.
Out country is charicature of it’s former self.
This 'attorney' should have her license revoked and disbarred for life for making such an idiotic statement in a court of law..............................
I wonder if the Fair Use laws could be stretched to cover this. It’s a trademark and not a copyright, but the concept is the same (i.e., transformative use).
Sounds like a case of Tennessee Whiskey-induced “Cancel Culture” to me.
Drinking alcohol makes about as much sense, biologically speaking, as eating dog poop.
If you do not protect your copyright, you risk losing it Jack Daniel’s is correct in Enforcing this. A fair settlement would have been to charge the dog toy company a nominal amount for the use.
The day I graduated Marine Corps Boot Camp, July 1st 1973, Florida law allowing 18 year olds to drink alcohol went into effect.
Big mistake........................
Basically, Jack Daniels is telling everybody that they think their customers are so stupid that they cannot tell the difference between their whisky and dog piss................
Is this Dog Toy being sold in Liquor Stores Yes⬜️ No☑️. Then no problemff. Shut up Jack Daniels !!!
This might be very important for small business.
Jack Daniels uses its iconic status to market novelty and memorabilia products on the side. They covet the toy makers’ idea. At the same time they believe the original product will undercut their projected sales. Less probably but possibly, copying that toy outright may expose them to legal action over trademarks.
An easy solution for them is hit the little guy with a lawsuit over an some intricate trademark claim, predicting that legal costs will overwhelm the smaller business and force them to close, abandon the product, or sell out.
Darn it, corporate is wasting money and the price of JD is going, going, going up up up. I saw a regular bottle 750ml at the military base for $25. Jim Beam Black or Sour Mash is usually 5 -7 bucks a bottle cheaper. I used to put JB into the JD bottle and screw with the people who swore they could tasted the difference. Sour Mash straight up is sour mash; if you put it in coke or pepsi, no difference at all. Just buy Jim Beam Black.
1st chair Seymour Butts.
Billing Department Attention: Ben Dover.
Complaint Dept: Crying Harder.
2nd chair: Irving Pinkus Abroughawits, & Jonathan Pinchy Worthlessthanpiss, hasn't won a case in twenty five years', but they'll win this one.
Just ask the folks at M&M Mars who turned down the producers of the movie "ET" who then reached out to Reese's and used Reese's Pieces instead. Reese's made millions on the movie endorsement.
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