London Daily

Focus on the big picture.
Wednesday, Sep 16, 2026

Jack Daniel's and dog toy company go head to head in US Supreme Court

Jack Daniel's and dog toy company go head to head in US Supreme Court

The dog toy resembling a JD bottle had the court's justices chuckling as they explored how much protection should be given to those that rip off trademarks they do not own.

A dispute between Jack Daniel's and the makers of a squeaking dog toy that mimics the whiskey's signature bottle with a toilet-themed pun has gone to the US Supreme Court.

On Wednesday, the court discussed whether the toy firm breached Jack Daniel's trademarks.

The poop-themed dog toy resembling the bottle of the alcoholic beverage had the court's justices chuckling as they explored how much protection should be given to those that rip off other brands.

The case involved a "Bad Spaniels Silly Squeaker" toy created by VIP Products - which had many similarities to Jack Daniel's bottles.

Jack Daniel's has asked the US Supreme Court justices to hear its case against the manufacturer of the toy


During the court case, it was unclear from the arguments whether Jack Daniel's case was on the rocks or whether the makers of the Bad Spaniels were in trouble.

Justice Samuel Alito expressed scepticism with 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.

As the firm's lawyer tried to push back on the justice's knowledge about dog toys, Justice Alito responded: "I had a dog. I know something about dogs." His late springer spaniel Zeus sometimes visited the court.

But during the arguments, at least one justice stated that she didn't understand the humour behind the toy and seemed more ready to rule against it.

Justice Elena Kagan said: "Maybe I just have no sense of humour. But what's the parody?"

Justice Kagan also said the toy is simply an "ordinary commercial product" trading on the look of the drinks company's bottle.

'The Old No. 2' on your carpet


Arizona-based VIP Products has been selling its Bad Spaniels toy since 2014 and has since added to its own Silly Squeakers line of chew toys which mimic liquor, beer, wine and soda bottles.

Its most noticeable parody yet is its "Tennessee Sour Mash Whiskey" toy, which includes the wording: "The Old No. 2 on Your Tennessee Carpet."

While the Jack Daniel's bottles have the words: "Old No. 7 brand" and "Tennessee Sour Mash Whiskey."

The original bottle notes it is 40% alcohol by volume and the parody features a dog's face and says it is "43% Poo by Vol." and "100% Smelly."

The toy, which sells for around 20 US dollars (£16.23), also notes in small font: "This product is not affiliated with Jack Daniel Distillery," on its packaging.

'Fine whiskey not associated with dog poop'


Funny or not, Jack Daniel's was not amused.

"Jack Daniel's loves dogs and appreciates a good joke as much as anyone," wrote the company's lawyer Lisa Blatt in a filing with the high court.

"But Jack Daniel's likes its customers even more and doesn't want them confused or associating its fine whiskey with dog poop."

Ms Blatt argued that the toys VIP Products sold to customers are misleading and that the firm profits from "Jack Daniel's hard-earned goodwill".

Legal bid to muzzle 'playful parody'


At the centre of all of this is the Lanham Act.

The Lanham Act is a trademark law that was enacted in Congress in 1949.

The act protects owners of a federally registered mark against similar marks that could lead to consumer confusion.

Jack Daniel's said a lower court was wrong to side with VIP before the case reached the Supreme Court.

VIP Products' lawyer, Bennett Cooper, told the justices in a court filing that Jack Daniel's "seeks to use the Lanham Act to muzzle even VIP Products LLC's playful dog-toy parody".

Jack Daniel's has since received the support of US President Joe Biden's administration and major firms, including Nike, Campbell Soup Company, Patagonia and Levi Strauss.

Newsletter

Related Articles

0:00
0:00
Close
Police Tighten Public-Order Measures After Anti-Immigration Protests in Dover and Portsmouth
UK Ministers Pressed for Answers After US Diplomat Accused of Child Abuse Images Leaves Britain
Jaguar Land Rover Pursues NATO Defense Contracts for Defender Vehicles
British Service Member Dies in Road Accident While Deployed in Ukraine
George Osborne Calls for Britain to Rejoin EU Customs Union
Anthropic Chief Dario Amodei Urges Faster UK Action on Advanced AI Risks
UK State Pension Set for 3.9% Rise Under Triple Lock
UK Labour Market Cools as Payrolled Employment Continues to Decline
Reform UK’s £72 Million in Donations Faces Scrutiny Under Proposed Retrospective Funding Rules
UK Doctors Warn Expanded Pharmacy First Scheme Could Put Patients at Risk
British Airlines Cut Short-Haul Capacity as Jet Fuel Costs Rise
UK News Publishers Forecast 40% Search Traffic Drop as AI Overviews Expand
Axel Springer Wins Approval for £575 Million Daily Telegraph Acquisition
London Mayor Sadiq Khan Opposes Heathrow Third Runway Over Climate Targets
Scotland, Wales and Northern Ireland Leaders Hold Summit Seeking Greater Autonomy
UK Energy Price Cap Set to Rise to £1,723 in October
UK Treasury Warns Middle East Conflict Is Threatening Economic Growth
Labour Moves to Retrospectively Cap Overseas Political Donations After Reform UK Funding Surge
HMRC Warns Nearly Seven Million Adults Are Unclear About State Pension Entitlements
UK Parliament Passes Sovereign Grant Reform Before Conference Recess
British Rail Passengers Gain Automatic Right to Switch Operators During Disruptions
Burnham Hosts Downing Street Business Summit as UK Fiscal Pressure Builds
Labour Government Moves to Challenge £72 Million in Reform UK Crypto Donations
UK Advertising Industry Warns Wider Junk Food Rules Could Put £1 Billion in Media Spending at Risk
Cornwall Opens Devolution Talks With UK Government Over Transport and Local Services
UK Parliament Considers Sovereign Grant Reform Setting Royal Funding at £99.9 Million
Trades Union Congress Calls for Income-Based Energy Tariff Funded by Higher Bank Levy
UK Prime Minister Rejects Second Scottish Independence Referendum
House of Lords Begins Scrutiny of Bill to Lower UK Voting Age to 16
Anthropic Says Claude Was Exploited in Weapons-Related and State-Linked Cyber Activity
Institute of Directors Urges UK Government to Avoid Business Tax Increases in Autumn Budget
Rising Gilt Yields Cut UK Fiscal Headroom to About £13 Billion Ahead of Budget
UK Economy Grows 0.4% in July as Services and Technology Activity Strengthen
UK Government Promises Clearer Student Loan Guidance After Repayment Backlash
Charities Warn Unpaid Carers May Die Before Receiving Government Compensation
Dover Unrest Prompts Review of UK Counter-Extremism Strategy
Celtic Summit Leaders Reassert Right to Pursue Independence From UK
NHS Records Busiest Summer on Record Amid Severe Heatwaves
Harrods Faces Potential £150 Million Compensation Bill Over Al Fayed Abuse Claims
UK Parliament Opens Debate on Landmark Assisted Dying Legislation
Metropolitan Police Investigate Reform UK Over Alleged Foreign Electoral Donations
UK Economy Expands 0.4% in July as AI Investment Boosts Activity
Bank of England Signals Caution on Rates as Inflation Pressures Persist
Tesco Alerts Police After Scammers Use Its Branding in AI-Generated Fraud
Lindy Cameron Appointed First Female Permanent Under-Secretary at UK Foreign Office
UK Government to Rewrite Student Loan Guidance After Mis-Selling Criticism
Welsh First Minister Warns Andy Burnham Government to Respect Devolution
Trump’s Falkland Islands Remarks Trigger New Diplomatic Tension With Britain
Reform UK Receives Record £72 Million Donation From Cryptocurrency Billionaires
UK Bans Imports From Israeli West Bank Settlements and Sanctions Supporting Institutions
×