London Daily

Focus on the big picture.
Wednesday, Jun 10, 2026

Supreme Court to hear trademark dispute case over Jack Daniel's whiskey and poop-themed dog toy

Supreme Court to hear trademark dispute case over Jack Daniel's whiskey and poop-themed dog toy

The whiskey maker says the toy infringes on its trademark by mimicking its bottle design. An appeals court said it's protected by the First Amendment.
A trademark case set to be argued before the Supreme Court this week centers around a dog toy modeled after a Jack Daniel's bottle that the whiskey company claims is harmful to its brand by associating its label and design with dog poop.

The company is seeking to overturn a lower court ruling that determined the "Bad Spaniels" toy from VIP Products is protected by the First Amendment and intended as a joke not meant to harm Jack Daniel's.

The toy trades in Jack Daniel's iconic "Old No. 7 Brand Tennessee Sour Mash Whiskey" label for a dog-themed design that advertises "The Old No. 2 On Your Tennessee Carpet" from the "Bad Spaniels" brand. While Jack Daniel's bottles say the whiskey is 40% alcohol by volume, the toy bottle states that it is "43% poo by vol." and "100% smelly".

"To be sure, everyone likes a good joke," lawyers for Jack Daniel's wrote in a court filing. "But VIP's profit-motivated 'joke' confuses consumers by taking advantage of Jack Daniel's hard-earned goodwill."

Jack Daniel's and other companies like Nike and Campbell Soup filed briefs in support of the whiskey maker, arguing that allowing the product to stand as artistic expression will leave them vulnerable to other parodies that could harm their brands.

VIP's lawyers have argued that ruling in favor of Jack Daniel's will create precedent that would make it easier for trademark holders to limit the protected free speech of others, according to Reuters.

In court filings, Jack Daniel's lawyers say a district court ruled that the toy violated the Lanham Act, a law that protects trademark holders if another product is believed to cause confusion among consumers about its origin and whether it's associated with the known trademark.

But on appeal, the Ninth Circuit Court of Appeals ruled that the clearly humorous product was protected by the First Amendment.

For works of artistic expression, it must be proven that use of the trademark is irrelevant to the work, and that the creator is intentionally misleading consumers into believing the trademark holder is involved. Since that could not be proven in the case of the dog toy, the Ninth Circuit court ruled that it was protected by the First Amendment.

"The Bad Spaniels dog toy, although surely not the equivalent of the Mona Lisa, is an expressive work," Judge Andrew Hurwitz wrote in the ruling.

Arguments on the case are set to be heard by the Supreme Court Wednesday, and a decision is expected later this year.

Jack Daniel's did not immediately respond to Insider's request for comment.
Newsletter

Related Articles

0:00
0:00
Close
United Kingdom Sees Recovery in Horizon Europe Research Funding Share to 9.3 Percent
UK Inflation Holds at 2.8 Percent as Office for Budget Responsibility Flags Persistent Price Pressures
United Kingdom Launches National Anti-Fraud Framework to Combat Rising Pension Scam Losses
United Kingdom Expands Sanctions on Israeli Groups While Funding Palestinian Authority Salaries and Gaza Mine Clearance
United Kingdom Issues Three-Month Ultimatum to Major Technology Firms Over Child Online Safety Controls
United Kingdom Government Moves Toward Blanket Social Media Ban for Children Under Sixteen
Widespread Anti-Immigration Rioting Erupts Across Belfast After Knife Attack Linked to Asylum Seeker
Farmers Warn of Crop Losses Following Months of Unseasonal Rainfall
Civil Aviation Authority Launches Review of Regional Airport Operations
Met Office Issues Heat-Health Alert Across Parts of England
National Grid Introduces New Measures to Protect Winter Energy Supply
Northern England Rail Upgrades Receive Additional Government Funding
Wales Advances Green Hydrogen Strategy to Decarbonize Heavy Industry
UK Expands Recruitment Incentives to Address Shortage of STEM Teachers
High Court Opens Door to Climate Liability Claims Against Major Industrial Emitters
Police Service of Northern Ireland Investigates Major Personnel Data Breach
Defense Ministry Overhauls Procurement System to Accelerate AUKUS Submarine Program
Net Migration Remains Above Government Expectations, New Data Shows
UK and Scottish Governments Agree Framework for Expanded North Sea Wind Development
UK Treasury Launches New Tax Incentives to Boost AI and Semiconductor Investment
Bank of England Signals Continued Caution on Interest Rate Cuts
UK Unveils £10 Billion NHS Digital Modernization Plan Centered on AI Integration
Nebius Opens Major Robotics and Physical AI Laboratory in London
Bank of England Data Shows Strong Rise in New Mortgage Approvals
Network Rail Completes Landmark Upgrade of Severn Tunnel Rail Infrastructure
East West Rail Passenger Services Between Oxford and Milton Keynes Set for December Launch
GlaxoSmithKline Reportedly Pursues £7 Billion Acquisition of US Cancer Drug Developer Nuvalent
Bank of England Signals Interest Rates Likely to Remain Unchanged Despite Energy Market Risks
NHS Trusts Launch Job-Cutting Programmes as Financial Pressures Intensify Across England
More Than 130 Labour MPs Urge Ban on Trade With Israeli Settlements
Keir Starmer Orders Technology Firms to Introduce Smartphone Nudity Controls for Under-18s
UK Unveils £400 Million National AI Supercomputer Fund and New Economics Institute
Japanese Technology Firm Fujitsu Launches Advanced Artificial Intelligence Tool for Corporate Disclosures
South Africa Officially Launches Nationwide Campaign for Highly Contested Local Government Elections
United Kingdom Commits Additional Funding for Unexploded Ordnance Clearance in Laos
Singapore Announces Stringent New Greenhouse Gas Regulations for Commercial Cooling Systems
Cambodia and Thailand Hold High-Level Border Security Talks at United Nations Headquarters
Myanmar Military Government and China Sign Major Agreement to Upgrade Media and Cultural Cooperation
Knife Attack at Swiss Train Station Leaves Three Injured in Suspected Act of Domestic Terrorism
Transnational Extortion Gang Threatens Canadian Police With Army of One Thousand Armed Operatives
Australia Imposes Forty-Two-Day Quarantine on Cruise Ship Passengers Following Deadly Hantavirus Outbreak
International Monetary Fund Unlocks Seven Hundred Million United States Dollars for Sri Lanka Following Economic Reforms
Australia Launches Record One Point Four Billion Dollar Lawsuit Against Chemical Giant 3M Over Contamination
China and Canada Foreign Ministers Meet in Ottawa in Effort to Stabilize Strained Diplomatic Ties
Indonesia Demands Urgent United Nations Security Council Reform Amid Escalating Global Conflicts
Extreme Weather Patterns Trigger Severe Drought in Madagascar and Destructive Flooding in East Africa
Indian State of Karnataka Faces Political Upheaval as Chief Minister Siddaramaiah Abruptly Resigns
Philippines and Japan Reaffirm Defense Ties as Crucial for Indo-Pacific Regional Stability
Norway Joins French Nuclear Deterrence Initiative in Major Shift for European Security Architecture
Global Critical Mineral Alliances Expand as Western Nations Move to Counter Chinese Supply Dominance
×