The question for the court has to do with whether the toy's maker infringed on Jack Daniel's trademarks.
FILE - A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Nov. 20, 2022. The Supreme Court is hearing a dispute, Wednesday, March 22, 2023 between Jack Daniels and the manufacturer of the squeaking dog toy that parodies the liquors bottle and label. The question for the court has to do with whether the toy makers infringed on Jack Daniels trademarks. Arizona-based VIP Products produces the Bad Spaniels toy.
Justice Samuel Alito expressed skepticism for Jack Daniel's arguments. “Could any reasonable person think that Jack Daniel’s had approved this use of the mark?” he asked at one point, suggesting the toy was an unmistakable parody and legally acceptable. Kagan, whose dry wit is often on display in the courtroom and in her writing, suggested the toy is simply an “ordinary commercial product” that is trading on the look of the liquor company's bottle.
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