As such, the First Amendment protected its use of similar trademarks and branding to Jack Daniel’s. However, in March 2020, the US Court of Appeals for the Ninth Circuit ruled the toys were “expressive” works that carried a humorous message. The District Court ruled in favour of Jack Daniel’s over the likelihood that the infringing product would result in consumer confusion and that the company’s use of “juvenile bathroom humour” would tarnish the whiskey brand. The dog toy is a replica of a Jack Daniel’s bottle with black labels and white text, and carries the wording ‘The Old No.2 on your Tennessee Carpet’. Jack Daniel’s first launched the lawsuit in 2018 against dog toy maker VIP Products over its Bad Spaniel’s Old No.2 on your Tennessee Carpet product. The Supreme Court has decided to hear the case The Supreme Court of the United States has agreed to hear a trademark case regarding a line of dog toys with ‘unsavoury themes’ that imitate well-known alcohol brands.
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