Supreme Court agrees to hear Jack Daniel's trademark case against dog toy company

The Supreme Court has agreed to instrumentality up a trademark lawsuit centered astir a squeaky canine artifact that's "43% Poo by Vol." and "100% smelly."

The tribunal connected Monday agreed to perceive the trademark quality brought by whiskey shaper Jack Daniel's against VIP Products, an Arizona-based institution that sells products mimicking liquor, beer, vino and soda bottles.

The artifact successful question, dubbed the Bad Spaniels Silly Squeaker, intimately resembles Jack Daniel's signature Old No. 7 Black Label Tennessee Whiskey bottle. It features a cartoon spaniel connected its beforehand and references to Jack Daniel's Old No. 7, specified arsenic the statement "Old No. 2 connected Your Tennessee Carpet."

The artifact retails online for astir $17 and notes connected the packaging successful tiny font: "This merchandise is not affiliated with Jack Daniel Distillery," according to the Associated Press.

Jack Daniel's is arguing VIP Products is successful usurpation of national trademark instrumentality and could beryllium confusing shoppers, portion VIP Products argues the artifact is an "expressive work" nether First Amendment protections.

In a 2020 ruling, the U.S. Court of Appeals for the 9th Circuit sided with VIP Products, prompting Jack Daniel's to question further alleviation from the Supreme Court. The tribunal volition apt perceive arguments successful the Jack Daniel's lawsuit aboriginal adjacent year.

VIP Products besides sells parodies of different fashionable alcoholic bottles including including "Stella Arpaw," which mimics designs from beermaker Stella Artois, and "HeineSniff'n," which resembles Heineken. 

In 2008, VIP Products lost a akin lawsuit brought by Budweiser-maker Anheuser-Busch, who sued the institution implicit a artifact labeled "ButtWiper."

VIP declined to remark connected Tuesday owed to pending litigation. Representatives for Jack Daniel's didn't instantly instrumentality petition for comment.