The U.S. Supreme Court on Thursday gave a boost to Jack Daniel’s in its trademark dispute with a dog accessory company that sold a parody chew toy resembling the distiller’s widely recognized black-label whisky bottle.
The dispute pitted the whisky brand’s trademark rights against legal protections for creative expression – in this case a send-up by Phoenix-based VIP Products of Jack Daniel’s Old No. 7 Tennessee whisky bottle featuring comical dog poop-themed changes like a label reading “the Old No. 2, on your Tennessee Carpet.
The test was crafted in a 1989 decision by the New York-based 2nd U.S. Circuit Court of Appeals in a case brought by Hollywood legend Ginger Rogers. The actress unsuccessfully sued to block the 1986 film “Ginger and Fred” from director Federico Fellini that referred to her famed dance partnership with actor Fred Astaire.
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