Jack Daniel’s is taking legal action over a parody dog toy shaped like a whisky bottle
This is according to Courthouse News.
Whisky maker Jack Daniel’s is continuing its long-running legal battle with VIP Products, which released a novelty dog toy modelled on a Jack Daniel’s Old No. 7 bottle.
The case is now being heard by the US Ninth Circuit Court of Appeals.
The product in question is a rubber dog squeaker called “Bad Spaniels”. Its design is modelled on the recognisable Jack Daniel’s bottle, but instead of whisky labels, it features jokes about doggy “surprises” and unpleasant smells.
What Jack Daniel’s didn’t like
Jack Daniel’s claims that the toy manufacturer deliberately copied almost all the key elements of the bottle’s design.
The company believes that such a parody damages the brand’s reputation.
According to Jack Daniel’s, the jokes on the packaging create an unwanted association between the famous whisky and faeces and unpleasant odours.
The company insists that this could negatively impact the image of one of the most famous whisky producers in the US.
The toy manufacturer’s position
VIP Products denies Jack Daniel’s claims.
The company states that “Bad Spaniels” is a humorous parody, not an attempt to pass the toy off as a product of the alcohol brand.
VIP Products’ lawyers emphasise that customers perceive the product precisely as a joke.
They also note that the name “Bad Spaniels” does not directly copy the name Jack Daniel’s, and that the dog toy itself cannot cause any real harm to the whisky manufacturer’s reputation.
According to Courthouse News, representatives of VIP Products cite US legislation that protects satire and creative parodies.
The legal battle has been ongoing for over 10 years
The dispute between Jack Daniel’s and VIP Products began back in 2014.
At the time, Jack Daniel’s demanded that the “Bad Spaniels” toy be removed from sale.
Since then, the case has been heard by various courts on several occasions.
In 2023, it reached the US Supreme Court. At that time, the court did not settle the issue of trademark infringement, but allowed Jack Daniel’s to continue the legal battle.
Following this, a lower court banned the sale of “Bad Spaniels”.
Now VIP Products is seeking to overturn this ban on appeal.
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