We apologize, but this video has failed to load.But Justice Elena Kagan seemed more ready to rule against the toy’s manufacturer. “Maybe I just have no sense of humor,” Kagan said to laughter. “But what’s the parody?”
Arizona-based VIP Products has been selling its Bad Spaniels toy since 2014. It’s part of its Silly Squeakers line of chew toys that mimic liquor, beer, wine and soda bottles. They include Mountain Drool, which parodies Mountain Dew, and Heini Sniff’n, which parodies Heineken. The packaging of the toy, which retails for around $20, notes in small font: “This product is not affiliated with Jack Daniel Distillery.”“Jack Daniel’s loves dogs and appreciates a good joke as much as anyone. But Jack Daniel’s likes its customers even more, and doesn’t want them confused or associating its fine whiskey with dog poop,” wrote the company’s attorney Lisa Blatt in a filing with the high court.
At the heart of the case is the Lanham Act, the country’s major trademark law. It prohibits using a trademark in a way “likely to cause confusion … as to the origin, sponsorship, or approval of … goods.” Jack Daniel’s says that’s what the dog toy does. It says a lower court was wrong to side with VIP.
Or a bad joke.
There's a song there somewhere. Or a name for a band.
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