Whiskey maker Jack Daniel's says 'Bad Spaniels' toy infringes on company trademark by parodying its signature bottle.
"It is ironic that America's leading distiller of whiskey both lacks a sense of humor and does not recognize when it — and everyone else — has had enough," lawyers for Arizona-based VIP Products wrote the high court. They told the justices that Jack Daniel's has"waged war" against the company for"having the temerity to produce a pun-filled parody" of its bottle.
"To be sure, everyone likes a good joke. But VIP's profit-motivated 'joke' confuses consumers by taking advantage of Jack Daniel's hard-earned goodwill," she wrote for the Louisville, Kentucky-based Brown-Forman Corp., Jack Daniel's parent company. If VIP Products is allowed to confuse consumers with dog toys,"other funny infringers can do the same with juice boxes or marijuana-infused candy," Blatt wrote.
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