Supreme Court hearing some tipsy, some squeaky and some poopy arguments
WASHINGTON (WISH) — Supreme Court justices listened to an hour and a half of arguments today revolving around a copyright dispute, according to the Associated Press.
The parties? Jack Daniel’s Tennessee Whiskey and a dog toy company.
Arizona-based VIP Products makes a squeaky dog toy that resembles a bottle of Jack Daniel’s famous Sour Mash.
The “Bad Spaniels” squeak toy bottles have the words “Old No. 2 on Your Tennesse Carpet,” and “43% Poo by Vol.”
Jack Daniel’s, based in Lynchburg, Tennessee, said in a filing with the court: “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 court.
Blatt wrote that the distiller “welcomes jokes at its expense” but the toy misleads customers and profits from “Jack Daniel’s hard-earned goodwill and compares their “whiskey with excrement.”
The court will decide if the case follows the Lanham Act, which prohibits using a trademark in a way that would cause confusion as to the origin, sponsorship, or approval of goods.
Jack Daniel’s claims that is what the dog toy does. VIP Products says in a court filing that Jack Daniels is attempting to use the act to silence its parody dog toy.
VIP Products produces other parody dog toys including Mountain Drool and Heini Sniff’n.