In 2014, Jack Daniels warned VIP Products, creator of chew toys that parody popular products, to not toy with its brand. By unanimous vote on June 8, the U.S. Supreme Court agreed.
The dispute focussed on a toy developed by VIP called “Bad Spaniels” fashioned in the likeness of the whisky giant’s trademark bottle and label design. Objections to the parodied text were also cited as infringement. “Old No. 7 Brand Tennessee Sour Mash Whiskey” was substituted with “The Old No. 2 On Your Tennessee Carpet.” Instead of “40% ALC BY VOL. (80 PROOF),” the toy reads “43% POO BY VOL.” and “100% SMELLY.”
In a 9-0 decision authored by Justice Elena Kagan, the Court noted that the decision was “narrow” and that the Bad Spaniels toy was not covered by VIP Products’ First Amendment rights. Jack Daniels asserted that VIP Products led consumers to believe that the whiskey company had created, or was otherwise responsible for, the Bad Spaniels toy. The net result, Jack Daniels claimed, was that VIP diluted its trademark by equating it with dog excrement.
“We are pleased with the Supreme Court’s unanimous decision recognizing the rights of brand owners,” a Jack Daniel’s spokesperson told TODAY.com in an emailed statement. “Jack Daniel’s is a brand recognized for quality and craftsmanship and when friends around the world see the label, they know it stands for something they can count on. We will continue to support efforts to protect the goodwill and strength of this iconic trademark.” To date, VIP has refrained from comment.
The Distilled Spirits Council, a national trade association representing leading producers and marketers of distilled spirits products in the United States of which Jack Daniel’s is a part, spoke on the court’s decision to USA Today.
“While this case focused on silly dog toys, the issue of trademark infringement is very serious and this unanimous ruling is a big win for brand owners working hard to responsibly market their products,” said Courtney Armour, the Distilled Spirits Council’s chief legal officer.
The fate of VIP’s other spirits parodies based on this decision is unclear. “Dos Perros,” “Jose the Perro” and “Heinie Sniffin’” are among the many other squeaky dog toys patterned after adult beverages.
Jack Daniels has fiercely guarded its brand over the years, with varying results. Patrick Wensink, author of, “Broken Piano for President,” was issued a polite cease-and-desist letter for using its whiskey label as a template for his cover. Sales of the book skyrocketed and, in 2012, the book rose to sixth on the Amazon bestseller list. The publisher revised the cover design for future runs of the print-on-demand book. In 2013, Jack Daniel’s brought a lawsuit against Popcorn Sutton’s Tennessee White Whiskey, claiming the product’s redesigned square bottle was “confusingly similar” to its packaging. Jack Daniel's later dropped the suit.
Message to pet product developers: don’t bark up — or squat at — the wrong tree.