The Hilarious Battle Over a Poop-Themed Dog Toy: Jack Daniel’s Trademark Dispute Reaches Supreme Court


(USA Herald) – In a fascinating and comical legal dispute, the U.S. Supreme Court recently deliberated the boundaries of trademark protection and free speech rights. The case centered around a poop-themed dog toy resembling a Jack Daniel’s whiskey bottle, with attorneys and justices engaging in humorous exchanges to determine the right balance. Samuel Lopez, a legal news contributor for USA Herald, reports on this peculiar case that has captured the attention of many.

Jack Daniel’s, the renowned whiskey maker, has taken issue with VIP Products’ “Bad Spaniels” dog toy, which mimics key elements of a Jack Daniel’s bottle but with references to excrement. The whiskey company believes this infringes on their trademark and could lead customers to presume an association between the two products.

At the heart of the debate is the Rogers test, which provides First Amendment protections for works that include others’ trademarks, as long as the work is “artistically expressive” and does not “explicitly mislead” consumers. The Ninth Circuit had previously determined that VIP’s toy met the Rogers test criteria.

The justices explored numerous whimsical scenarios with attorneys from both parties and the government in an attempt to identify the appropriate test for determining if a work is protected by free speech or infringing on trademarks. The exchanges prompted laughter and some peculiar interactions.

Lisa Blatt, representing Jack Daniel’s, argued that the Rogers test could not be upheld while remaining faithful to the text of the Lanham Act, the federal trademark statute. While the whiskey maker could potentially win narrowly, or the justices could create an exemption to the statute, Blatt noted that this is not standard procedure. On the other hand, the federal government seeks to eliminate the Rogers test, labeling it “inconsistent” with the Lanham Act.

VIP Products aims to uphold the Ninth Circuit ruling and the Rogers test, but its counsel, Bennett Cooper, was open to other options. Justice Gorsuch suggested remanding the case, giving more weight to the concept of parody.

Throughout the proceedings, the justices engaged in witty exchanges and hypothetical scenarios to examine the potential consequences of their decision. Justice Samuel Alito highlighted the unlikelihood of anyone believing that Jack Daniel’s had approved the dog toy, while Justice Sonia Sotomayor questioned the point at which consumers would think an item bearing a company’s trademarks is endorsed by the company.

Justice Ketanji Brown Jackson expressed skepticism about Blatt’s argument that confusion is created by consumers not knowing who paid for or created a work, rather than the work itself. Justice Thomas, meanwhile, questioned why a product available for purchase online or at Petco would not be considered commercial.

Cooper, representing VIP, argued that the Rogers test should serve as a preliminary step to determine if works are expressive before analyzing the likelihood of confusion. He claimed that the parody was noncommercial since it proposes a transaction over something that does not exist – a bottle filled with feces.

The justices sought clarification on how to distinguish between explicitly misleading works and expressive works. At one point, Justice Gorsuch humorously remarked that judges would be “pretty lousy art critics,” to which Cooper agreed, adding that this would apply to “lawyers of all kinds.”

In a comical twist, Justice Elena Kagan questioned the parody that VIP was attempting to create, suggesting that she might lack a sense of humor. Cooper explained that the goal with “Bad Spaniels” and similar products was to demonstrate that Jack Daniel’s and other large companies take themselves too seriously.

Ultimately, this entertaining legal dispute showcased the complexities of balancing trademark protection and free speech rights. The outcome of the case will likely have significant implications for future trademark disputes and the interpretation of the Rogers test and the Lanham Act.

As the case unfolds, both sides will await the Supreme Court’s verdict with anticipation. The decision could potentially reshape the landscape of trademark law and have far-reaching consequences for future cases involving parodies and artistic expressions that make use of well-known trademarks.

Despite the jovial atmosphere and amusing exchanges, the case brings to light critical questions about intellectual property rights, artistic freedom, and the extent to which companies can protect their brand image. Regardless of the outcome, this legal battle has certainly brought attention to the complexities of trademark law, while providing a dose of humor to what is typically a more serious realm.

Jack Daniel’s is represented by Lisa Blatt of Williams & Connolly LLP, VIP by Bennett Cooper of Dickinson Wright PLLC, and the government by Matthew Guarnieri of the Office of the Solicitor General. The case is Jack Daniel’s Properties Inc. v. VIP Products LLC, case number 22-148, before the Supreme Court of the United States.

In conclusion, this quirky and intriguing case involving a poop-themed dog toy and a renowned whiskey brand has not only challenged the legal boundaries of trademark protection and free speech rights but also provided a unique and engaging spectacle for those following the proceedings. As Samuel Lopez, a legal news contributor for USA Herald, expertly highlighted, this case serves as a prime example of the complexities and occasional humor that can emerge from the field of law.