In an unanimous, narrow decision, the high court sent the trademark dispute back to the lower courts.
with a pet company selling a poop-themed dog chew toy that mimics the brand's iconic square bottle, tossing out a lower court ruling against the drink company.authored by Justice Elena Kagan, the high court wiped away the lower court ruling from the U.S. Court of Appeals for the 9th Circuit and sent the case, known as Jack Daniel's Properties v. VIP Products LLC, back to the lower courts for further consideration.
The Supreme Court said lower courts must now consider whether the products from VIP Products invoking Jack Daniels and its iconic whiskey bottle — which VIP Products says parody the beverage brand — are likely to cause confusion for consumers. The justices were chewing on a dispute that stemmed from a line of dog toys made by the Arizona-based company VIP Products called"Bad Spaniels." The toy mimics a Jack Daniel's whiskey bottle, but with a poop-themed twist. While the whiskey bottle says"Old No. 7," the dog toy says"Old No. 2," and instead of"Tennessee Sour Mash Whiskey," the chew toy reads"on your Tennessee carpet.
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