'Jack Daniel's loves dogs and appreciates a good joke as much as anyone. Jack Daniel's, based in Lynchburg, Tennessee, isn't amused. The packaging of the toy, which retails for around $20, notes in small font: 'This product is not affiliated with Jack Daniel Distillery.' The parody features a dog's face and says it's '43% Poo by Vol.' and '100% Smelly.' 2 on Your Tennessee Carpet.' The original bottle notes it is 40% alcohol by volume. 7 brand' and 'Tennessee Sour Mash Whiskey,' the toy proclaims: 'The Old No. While Jack Daniel's bottles have the words 'Old No. They include Mountain Drool, which parodies Mountain Dew, and Heini Sniff'n, which parodies Heineken. It's part of its Silly Squeakers line of chew toys that mimic liquor, beer, wine and soda bottles. Kagan, whose dry wit is often on display in the courtroom and in her writing, suggested the toy is simply an 'ordinary commercial product' that is trading on the look of the liquor company's bottle.Īrizona-based VIP Products has been selling its Bad Spaniels toy since 2014.

'Maybe I just have no sense of humor,' Kagan said to laughter. I know something about dogs.' His late springer spaniel Zeus sometimes visited the court.īut Justice Elena Kagan seemed more ready to rule against the toy's manufacturer. When the company's lawyer pushed back on the justice's knowledge about dog toys, Alito responded in part with: 'I had a dog. 'Could any reasonable person think that Jack Daniel's had approved this use of the mark?' he asked at one point, suggesting the toy was an unmistakable parody and legally acceptable. Justice Samuel Alito expressed skepticism for Jack Daniel's arguments. Still, with three of the justices either completely or almost totally silent, it wasn't clear from the arguments whether Jack Daniel's case is on the rocks or whether the makers of the Bad Spaniels toy had been, well, bad.

The question for the court involves whether the toy's maker infringed on Jack Daniel's trademarks, and the justices were largely on their best behavior, not picking up on the toy's poop humor and puns. WASHINGTON (AP) - A dispute between Jack Daniel's and the makers of a squeaking dog toy that mimics the whiskey's signature bottle gave the Supreme Court a lot to chew on Wednesday.

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