Justices asked to hear dog toy dispute. Will they bite?

[catbyte]

By JESSICA GRESKO
yesterday



WASHINGTON (AP) — The company that makes Jack Daniel’s is howling mad over a squeaking dog toy that parodies the whiskey’s signature bottle. Now, the liquor company is barking at the door of the Supreme Court.

Jack Daniel’s has asked the justices to hear its case against the manufacturer of the plastic Bad Spaniels toy. The high court could say as soon as Monday whether the justices will agree. A number of major companies from the makers of Campbell Soup to outdoor brand Patagonia and jeans maker Levi Strauss have urged the justices to take what they say is an important case for trademark law.

The toy that has Jack Daniel’s so doggone mad mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the parody proclaims: “The Old No. 2 on Your Tennessee Carpet.” Instead of the original’s note that it is 40% alcohol by volume, the parody says it’s “43% Poo by Vol.” and “100% Smelly.”

The toy retails for about $13 to $20 and the packaging notes in small font: “This product is not affiliated with Jack Daniel Distillery.”

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Seriously?

Somebody needs to lighten up.

[hlthe2b]

1. Screw Jack Daniels. Get a sense of humor you ass-backwards clods!

[bucolic_frolic]

2. I doubt that parody is close enough to violate trademark law

Neither the text nor the sounds are close enough. The names are rhythmic, but spaniel is a type of dog. 'Bad' and 'Jack' just no cigar.

Furthermore, the products serve different purposes. One has a dog on the label, the other doesn't. One bottle is clear, one is opaque. The whiskey has a side to its label. 'Tennessee' is a state, very common on many products. So many differences.

[catbyte]

4. It seems so stupid. I have cat toys that look like food brands -- the "Meowchan ramen" package

catnip toy frequently startles me because I wonder where that label came from that's on the floor. Especially since I don't buy Maruchan ramen, lol. Granted, it's usually in the early morning before I've had my coffee, but still...

Nobody would confuse a squeaky pink chew toy with a bottle of booze. The folks at Jack Daniels need to get a life.

[Pinback]

3. Streisand Effect*

I suddenly want to buy one of these toys for every dog owner I know!

If Jack Daniels had a lick o' sense (as we say down in the holler), they'd do a joint marketing campaign with these guys and make more money than a snake-handlin' preacher at a tent revival.

* https://en.wikipedia.org/wiki/Streisand_effect