Jack Daniels, a major whiskey manufacturer, has sued the manufacturer of a dog toy claiming its product associates Jack Daniels’ “image of sophistication” with “juvenile bathroom humor.”

The lawsuit filed against VIP Productions cites infringement on the company’s trademark for a squeaky dog toy in the shape of a bottle of Jack Daniels’ Old No. 7 Black Label Tennessee Whiskey with a label that replaces “Jack Daniels” with “Bad Spaniels” and describes the brand as “The Old No. 2 on your Tennessee Carpet.” Instead of alcohol-content descriptions, the label says “43% Poo by Vol.” and “100% Smelly.”

A trial judge sided with the whiskey company, but the 9th Circuit Court of Appeals ruled differently.

“The toy communicates a humorous message, using word play to alter the serious phrase that appears on a Jack Daniels bottle — ‘Old No. 7 Brand’ — with a silly message — ‘The Old. No. 2,’ ” wrote Judge Andrew Hurwitz for the court. “The effect is a simple message conveyed by juxtaposing the irreverent representation of the trademark with the idealized image created by the mark’s owner.”

The company has appealed the case to the U.S. Supreme Court.

“Jack Daniels has invested substantial resources into an image of sophistication,” said attorney Lisa Blatt, who represents the company. “Accordingly, Jack Daniels has a strong interest in protecting its trademarks and trade dress from association with juvenile bathroom humor.”

Blatt also told the justices that the company “carefully licenses” its images on non-whiskey products, including pet products like branded dog leashes, dog collars and dog houses. She said the toy in question is likely to confuse consumers about who is sponsoring it.

What the court rules could have a spillover effect onto other products manufactured by VIP. The company’s web site features similar products, including Heine Sniff’n in something that looks like a Heineken bottle, Mountain Drool that mimics a Mountain Dew bottle, and Cataroma that bears more than a passing resemblance to Corona.

—Source: azcapitoltimes.com