The Supreme Court is giving whiskey maker Jack Daniel’s a reason to raise a glass
on Thursday gave whiskey maker Jack Daniel's reason to raise a glass, handing the company a new chance to win a trademark dispute with the makers of the Bad Spaniels dog toy.for a unanimous court, Justice Elena Kagan was in an unusually playful mood. Observers who watched her read a summary of the opinion in the courtroom said at one point she held up the toy, which squeaks and mimics the whiskey's signature bottle.
“This case is about dog toys and whiskey, two items seldom appearing in the same sentence,” Kagan wrote in an opinion for the court. At another point, Kagan asked readers to “Recall what the bottle looks like " before inserting a color picture of it. While Jack Daniel’s bottles have the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the toy proclaims: “The Old No. 2 on Your Tennessee Carpet.” The original bottle notes it is 40% alcohol by volume. The parody features a dog’s face and says it’s “43% Poo by Vol.” and “100% Smelly.”
Jack Daniel’s, based in Lynchburg, Tennessee, wasn't amused. Its lawyers argued that the toy misleads customers, profits “from Jack Daniel’s hard-earned goodwill” and associates its “whiskey with excrement.”
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