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A Jack Daniel's bottle and a "Bad Spaniels" dog toy. - Court documents
Jack Daniel's Whiskey is unhappy with VIP Products, an Arizona-based company that makes dog toys resembling their iconic whiskey bottles. The “Bad Spaniels Silly Squeaker” toy is labeled "43% Poo by Vol." and the old No 2 on your Tennessee carpet.
In opposition filed documents from last month state: 'It seems rather funny now," said CEO Kevin Sherwood when we talked about how they have carried this tradition for over half a century; but it was not until recently-in 2016 actually-, where our lawyers received complaints regarding these products.
"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," the brief states. "VIP has never sold whiskey or other comestibles, nor has it used “Jack Daniel’s” in any way (humorously or not). It merely mimicked enough of the iconic bottle that people would get the joke."
The U.S. Court of Appeals for the 9th Circuit in 2020 ruled in favor of VIP Products, saying that their toys are protected under the First Amendment, which prompted Jack Daniel's to seek further review from the Supreme Court.