The Supreme Court sides with Jack Daniel's in a dispute over a poop-themed dog toy that parodies its iconic liquor bottle.
The unanimous opinion written by Justice Elena Kagan allows the liquor maker to revive its trademark lawsuit against VIP Products in lower courts. In the meantime, the “Bad Spaniels Silly Squeaker” toy remains on the market. At the center of the case is the toy created by VIP Products that is strikingly similar to Jack Daniel’s bottles.
Humor at the high court Though the Jack Daniel’s case involved serious concerns about First Amendment protections in trademark disputes, it provided a respite from some of the politically fraught cases the court heard this term, with the justices at times erupting into laughter as they discussed the humorous topic during oral arguments in March. “What is there to it? What is the parody here?” Kagan asked an attorney for the toy company, causing the courtroom to burst into laughter.
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