Supreme Court toys with Jack Daniel’s trademark dispute: ‘What is the parody?’

The Supreme Court heard arguments in a dispute between alcohol producer Jack Daniel’s and a dog accessory company that creates parody chew toys mimicking the whiskey brand’s iconic bottle and label.

Jack Daniel’s is appealing a lower court ruling that permits the dog toy company, VIP Products, to continue manufacturing its “Bad Spaniels” line of chew toys that feature humorously defaced versions of the whiskey bottle. The case centers on whether these toys qualify as “expressive work” protected by the First Amendment.

Jack Daniel’s argues that VIP Products’ poop-themed dog toys may cause confusion and harm to the whiskey brand’s trademark, but VIP Products says Jack Daniel’s can’t claim the toys are misleading or damaging to the famous brand.

During the oral arguments, the justices tried to determine the nature of the parody, with Justice Elena Kagan asking, “What is the parody here?” VIP attorney Bennett Cooper replied that it is to make fun of marks that take themselves too seriously.

The court did not signal which way its ruling in the case would lean. A decision is expected in June.