Supreme Court says Jack Daniel’s can sue maker of dog toy over trademark

The United States Supreme Court Thursday ruled in favor of Jack Daniel’s, saying that they can sue a dog toy company over a trademark concern.

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On Thursday, the Supreme Court said that Jack Daniel’s whiskey distiller can sue Bad Spaniels over a trademark claim, according to The Wall Street Journal. Bad Spaniels made a dog toy that looks like a bottle of Jack Daniel’s.

The decision was unanimous, according to CNN.

A lower court reportedly threw out the lawsuit because the toy company was protected by the First Amendment as a parody of Jack Daniel’s, the Wall Street Journal reported.

In the opinion, Justice Elena Kagan said “The jokes did not impress petitioner Jack Daniel’s,” the newspaper reported. Jack Daniel’s argued that the Bad Spaniels toy violated trademark law, and the Lanham Act, and was confusing to consumers.

Jack Daniel’s lawyers argued that the toy was misleading to consumers and profits “from Jack Daniel’s hard-earned goodwill,” according to The Associated Press.

The toy has been on the market since 2014 from Arizona-based VIP Products, according to the AP.

The toy is part of a line of dog toys called Silly Squeakers that imitates famous alcohol and soda brands. One toy, called “Cataroma Extra,” looks like a bottle of Corona beer. Another, named “Mountain Drool,” resembles a Mountain Dew soft drink bottle.

The toy bottle reads “BAD SPANIELS” instead of “JACK DANIEL’S,” “The Old No. 2″ instead of “Old No. 7 Brand,” and “On your Tennessee CARPET” instead of “Tennessee sour mash WHISKEY.” Instead of promising 40% alcohol by volume, it promises “43% poo by volume, 100% smelly.”

The toy costs about $20 and says in small font: “This product is not affiliated with Jack Daniel Distillery,” according to the AP.

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