Oral arguments begin today as JackDaniels_US urges SCOTUS to toss out a lower court ruling that would allow a dog toy company to continue manufacturing 'Bad Spaniels' line of chew toys, a parody of the company's famous whiskey bottle.
Jack Daniel’s Tennessee whiskey is urging the justices to toss out a lower court ruling that would allow the dog toy company, VIP Products, to continue manufacturing"Bad Spaniels" line of chew toys, a parody of the company's famous whiskey bottle.The nine-member court prone to having brief asides and humorous exchanges could prompt some lighthearted jokes during arguments and discussions over Jack Daniel's Properties, Inc. v. VIP Products.
“This case is no laughing matter. While the case involves dog toys, even allegedly ‘humorous’ knock-offs can confuse consumers as to what messaging and products well-known alcohol beverage brands endorse,” Courtney Armour, Distilled Spirits Council's chief legal officer, told the Washington Examiner in a statement ahead of the arguments.
At the core of the Jack Daniel's complaint is an effort to toss out a Supreme Court precedent known as the"Rogers test," which stems from a 1989 case known as Rogers v. Grimaldi, in which the U.S. Court of Appeals for the 2nd Circuit created a higher standard for trademark infringement for expressive work.
VIP Products contends that the company it is parodying has no evidence that consumers were being misled about the parody products they are purchasing and that removing the decades-old legal test would threaten free speech.
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