Trademark Tug of War

A dispute between a dog toy manufacturer and Jack Daniels recently reached the Supreme Court. The dispute is about a new toy called “Bad Spaniel” that parodies the shape and look of the iconic Jack Daniels Bottle. did the Court side with Jack Daniels, or did the bad dog have its day?

Jack Daniels is an established whiskey brand sold in stores and bars nationwide. Bad Spaniel is a dog toy sold by VIP Products LLC that looks similar to the alcohol products sold by Jack Daniels.

The dog toy is in the shape of a Jack Daniels whiskey bottle. A label “Bad Spaniels” appears where the whiskey label would normally be placed. The label also lists “The Old No. 2 on your Tennessee Carpet” below the brand name. This is similar to the Jack Daniels brand Old No. 7 which lists the product name and “Tennessee Sour Mash Whiskey” on the front label. The dog toy is a parody of the Jack Daniels bottle used to “make fun” of the famous bottle and brand. Continue reading “Bad Spaniels: Free Speech, Parody, or Blatant Infringement?”