Monday, 12 June 2023

Dog Toy Copyright Row

The US Supreme Court has sided with whiskey brand Jack Daniel's in its lawsuit against a company that sells a lookalike poop-themed toy for dogs. The dog toy says "Old No. 2 on your Tennessee Carpet", while the famous whiskey bottle reads "Old No. 7 Tennessee Sour Mash Whiskey". In a unanimous decision on Thursday, the top US court found that the toy is a trademark violation. The decision throws out an appeal that found that the toy was a "non-commercial" parody, subject to First Amendment free speech protections, and throws the case back to lower courts. The bottle of liquor says "40% alcohol by volume", while the "Bad Spaniels Silly Squeaker" chew toy reads "43% poo by volume" and "100% Smelly". The packaging includes a label noting that it is not affiliated with Jack Daniel's. Lawyers for the Tennessee whisky company said they found no humour in the pun. "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," Lisa Blatt, attorney for Jack Daniel's, wrote in court papers.