in a case involving two very unusual opponents: one of America’s oldest whiskey brands and a company specializing in chew toys for dogs.
" of the appearance of Jack Daniel’s distinct square bottle and design, according to the Court's syllabus.in the product line that take inspiration from other adult beverages, all with very-good-boy-focused names like “Dos Perros,” “Jose the Perro” and “Heinie Sniffn.”In addition to its title, the Bad Spaniels toy translates other text on the more than 150-year-old company’s original label, replacing “Old No. 7 Brand Tennessee Sour Mash Whiskey” with “The Old No.
As Kagan notes, Jack Daniel’s first sent a cease-and-desist to the company soon after the product hit the market in 2014, hoping it would end sales of the toy. But VIP Products has fought the whiskey company’s efforts at every turn. Since the initial letter, the case — which was initially brought by VIP Products — has worked its way from theto the Supreme Court, where all nine justices voted unanimously in favor of Jack Daniel’s.
Jack Daniel’s asserts, Kagan notes, that VIP Products led consumers to believe that the whiskey company had created, or was otherwise responsible for, the Bad Spaniels toy.
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