The US Supreme Court made a unanimous ruling on Thursday, declaring that a dog toy with a poop-themed parody of the renowned whiskey-maker violates Jack Daniel's trademark. 

The decision overturns a previous ruling by a lower court that deemed the "Bad Spaniels" chew toy, manufactured by VIP Products LLC and filled with puns about the whiskey brand, not protected by the First Amendment.

In announcing the 9-0 decision, Justice Elena Kagan said that such usage falls within the scope of trademark law and does not warrant special First Amendment protection. 

Jack Daniel’s trademark

The toy mimics the shape of the whiskey bottle and features a front label that reads "The Old No. 2 on Your Tennessee Carpet," in place of the original "Old No. 7 brand" and "Tennessee Sour Mash Whiskey" found on the actual whiskey product. It also humorously states in small print that it is "43% poo By Vol." and "100% Smelly."

VIP added a disclaimer asserting no affiliation with Jack Daniel Distillery. But the whiskey company argues that the dog toy violates its trademarks and causes confusion among the public. 

The distiller's lawyer asserts that the toy represents a blatant infringement on its trademark, taking advantage of the hard-earned goodwill associated with the Jack Daniel's brand.

A side-by-side comparison of a Jack Daniels bottle and a "Bad Spaniel" toy shows a close resemblance between the high-end brand and the parody toy. And further supports the whiskey brand's claims.

 The Supreme Court ultimately ruled in favor of Jack Daniel's, aligning with the esteemed whiskey.

The legal battle traces back to 2014 when Brown-Forman Corp., the Kentucky-based owner of Jack Daniel's, initially demanded that VIP Products cease selling the pet toy. VIP Products, based in Phoenix, filed a lawsuit against the whiskey company, resulting in Jack Daniel's winning the initial round in court but losing the subsequent appeal in 2020.

This case may hold potential significance for other major consumer brands that have been satirized by VIP Products, such as Coke with its "Canine Cola" red can toy and Guinness beer with its "Pissness" bottle toy, which humorously depicts a dog lifting its leg on a fire hydrant.

These brands are closely monitoring the outcome of this legal battle.