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Going to the dogs: Supreme Court takes Jack Daniel's case against dog toy maker
Washington Examiner ^ | November 22, 2022 05:37 AM | by Shana Donahue, Overnight News Editor |

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.



TOPICS: Business/Economy; Food; History; Pets/Animals
KEYWORDS: badspaniels; dog; sillysqueaker; squeek; toy; whisky
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1 posted on 11/22/2022 6:25:39 AM PST by Red Badger
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To: Red Badger

This is much more important than the 2020 election was. /s


2 posted on 11/22/2022 6:28:07 AM PST by Pollard ( )
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To: Red Badger

3 posted on 11/22/2022 6:28:33 AM PST by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████.)
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To: Red Badger

Why…


4 posted on 11/22/2022 6:29:39 AM PST by EEGator
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To: Red Badger

oh yeh...copycat bottle is more than likely a violation.


5 posted on 11/22/2022 6:29:42 AM PST by Sacajaweau ( )
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To: Red Badger
My message to Jack Daniels Distillery is:


6 posted on 11/22/2022 6:29:59 AM PST by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: Sacajaweau
Parody is allowed.

7 posted on 11/22/2022 6:30:43 AM PST by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: Pollard

Out country is charicature of it’s former self.


8 posted on 11/22/2022 6:30:46 AM PST by central_va (I won't be reconstructed and I do not give a damn...)
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To: Sacajaweau
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.

This 'attorney' should have her license revoked and disbarred for life for making such an idiotic statement in a court of law..............................

9 posted on 11/22/2022 6:38:56 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger

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).


10 posted on 11/22/2022 6:40:10 AM PST by RoosterRedux
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To: Red Badger

Sounds like a case of Tennessee Whiskey-induced “Cancel Culture” to me.


11 posted on 11/22/2022 6:47:20 AM PST by Ratman0823 ("Failure is not an option"... Unless you are a RINO!)
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To: Red Badger

Drinking alcohol makes about as much sense, biologically speaking, as eating dog poop.


12 posted on 11/22/2022 7:00:38 AM PST by golux
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To: Red Badger

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.


13 posted on 11/22/2022 7:02:00 AM PST by Michael.SF. ( The problem today: people are more concerned about feelings than responsibility)
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To: golux

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........................


14 posted on 11/22/2022 7:03:38 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Ratman0823

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................


15 posted on 11/22/2022 7:05:51 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: Red Badger
"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.

Is this Dog Toy being sold in Liquor Stores Yes⬜️ No☑️. Then no problemff. Shut up Jack Daniels !!!

16 posted on 11/22/2022 7:06:03 AM PST by mabarker1 ( (Congress- the opposite of PROGRESS!!! A fraud, a hypocrite, a liar. I'm a member of Congress !7)
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To: Pollard

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.


17 posted on 11/22/2022 7:17:48 AM PST by tsomer
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To: Red Badger

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.


18 posted on 11/22/2022 7:27:45 AM PST by Jumper ( )
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To: Red Badger
Any truth to the rumor the attorney is from the Law Firm:
Dewey, Do'em, Screw'em, Cheatham, Righteously, & Howe.

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.

19 posted on 11/22/2022 7:30:16 AM PST by Stanwood_Dave ("Testilying." Cop's lie, only while testifying, as taught in their respected Police Academy(s). )
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To: Red Badger
The board at Jack Daniels missed an opportunity to license the logo. The dog chew toy makers now have enough notoriety to reach out to other brands such as Maker's Mark.

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.

20 posted on 11/22/2022 7:41:53 AM PST by T.B. Yoits
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