London Daily

Focus on the big picture.
Wednesday, Jul 01, 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
UK Government Confirms Rejected Asylum Seekers to Remain Amid Enforcement Challenges
UK-China Economic Talks Focus on Services Trade and High-Value Sectors
Buckingham Palace Revamp Plans Unveiled to Modernise Royal and Public Facilities
Two Dead After Light Aircraft Crash in Essex Field, Investigation Underway
Princess Diana Marked at 65 With UK Tributes Reflecting on Her Public Legacy
England Teachers Face New Pay Cap Rules for Academy School Leaders Under Education Reform
Dublin Security Alert Escalates After Stabbing and Reports of Transport Disruption
UK Government Faces Scrutiny Over £10,000 Asylum Living Cost Contribution Requirement
England Prepares World Cup Knockout Match Against Democratic Republic of Congo
Northern Rail Project Warned of HS2-Style Cost Risks by UK Parliamentary Committee
UK Tightens Asylum Rules as Most Rejected Applicants Expected to Remain in Country
UK Heat Health Alert Issued as Temperatures Expected to Exceed 30°C Across England
Halifax Brand to Disappear From UK High Streets in Lloyds Banking Group Restructuring
England Teachers Receive 6.6 Percent Pay Rise Over Two Years as Schools Warn of Budget Strain
UK Defence Spending Plan Sparks Budget Clash as Regional Infrastructure Projects Face Pressure
Inquest Continues in Northern Ireland into Death of Noah Donohoe in Belfast
UK Travel Industry Calls for Suspension of New EU Border System During Peak Holiday Season
Telegraph Media Group Acquired by German Media Firm in £575 Million Deal Completion
House of Commons Warns Northern Rail Upgrade Risks Repeating High-Speed 2 Cost Overruns
UK Transport Unions Warn of Summer Strike Action Over Pay Disputes
UK Health Secretary Calls Maternity Care Review a “Watershed Moment” for NHS Reform
Nigel Farage Faces Questions Over £270,000 Payment Linked to Gold Marketing Firm
Labour Government Faces Internal Division Over North Sea Oil and Gas Policy Direction
National Screening Committee Invites New Proposals for UK Health Screening Programmes
UK and China Hold Industrial Strategy Talks on Trade and Export Growth Opportunities
UK Defence Funding Gap Widens as £4.7 Billion Shortfall Puts Pressure on Spending Priorities
United Kingdom Faces Historic Demographic Shift as Deaths Forecast to Exceed Births in England and Wales
United Kingdom Introduces Major Motability Scheme Reforms Targeting £1 Billion in Long-Term Savings
Global Billionaire Numbers Rise 13 Percent Amid Artificial Intelligence Stock Boom
Body of Fifteen-Year-Old Boy Recovered from Manchester Reservoir
Major Rail Disruption in UK After Cows Stray Onto Intercity Tracks
UK Launches National Campaign to Reduce Water Consumption After Heatwave
Foreign Secretary David Lammy Raises Case of UK Woman Death with US Authorities
Shetland Islands Council Approves Subsea Tunnel Plans Linking Major Islands
Telegraph Media Group Takeover by German-Led Consortium Completed
Resident Doctors in England Accept Government Pay and Conditions Deal
Andy Burnham Sets Out Ten-Year Economic Vision Amid Labour Leadership Debate
Asylum Seekers in UK Face £10,000 Contribution Requirement Under New Law
UK Government Moves to Break Apple and Google App Store Dominance
New UK Steel Tariffs and Import Quotas Aim to Shield Domestic Industry
Damning Report Exposes Failures in Maternity and Neonatal Care Across England
Government Data Reveals Five Billion Pound Shortfall in UK Defence Budget
Prime Minister Keir Starmer Unveils Three Hundred Billion Pound Defence Investment Plan
UK Crime and Policing Act 2026 Comes into Force with New Justice System Reforms
UK Prime Minister Hosts NATO Secretary General Mark Rutte for Security Talks at Downing Street
UK Tightens Oversight of Emissions Trading Scheme Through New Ministerial Directions
UK Issues Statement at UN Security Council on Violence in the West Bank
UK Environment Agency Clears Illegal Waste Site in West Yorkshire After Court Action
UK Resident Sentenced for Fraudulently Claiming £30,000 in Covid Business Loans
UK Launches Taskforce to Help Young People Claim Dormant Child Trust Fund Savings
×