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Jun 06, 2023

Supreme Court unanimously sides with Jack Daniel's, agrees poop

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The US Supreme Court ruled Thursday that a poop-themed dog toy that parodies a Jack Daniel's bottle violates the famed whiskey maker's trademarks.

A unanimous decision by the highest court throws out a lower court's finding that "Bad Spaniels" chew toy – made by VIP Products LLC and is full of puns about the whiskey brand – is not protected by the First Amendment.

"That kind of use falls within the heartland of trademark law, and does not receive special First Amendment protection." wrote Justice Elena Kagan in announcing the 9-0 decision.

The toy has the same shape as the whiskey bottle with a label on the front that reads "The Old No. 2 on Your Tennessee Carpet" — instead of "Old No. 7 brand" and "Tennessee Sour Mash Whiskey" that is on the actual whiskey product.

It also says in small print that it's "43% poo By Vol." and "100% Smelly."

The toys have a disclaimer saying it is not affiliated with Jack Daniel Distillery.

But a lawyer for the distiller argued the toy is a flagrant violation of its trademark and that the company is "taking advantage of Jack Daniel's hard-earned goodwill."

The dog fight goes back to 2014 when Kentucky-based Brown-Forman Corp., which owns Jack Daniel's, first told VIP Products to stop selling the pet toy. Phoenix-based VIP sued the whiskey company and Jack Daniel's won the first round in court, but lost an appeal in 2020.

The Supreme Court took up the case in November and began hearing arguments in March.

Other major consumer brands that have been the butt of VIP Products’ jokes could be watching this case, as the VIP also pokes fun of Coke with its "Canine Cola" red can toy, and Guinness beer with its "Pissness" bottle toy, which shows a dog lifting his leg on a fire hydrant.