'This case is about dog toys and whiskey, two items seldom appearing in the same sentence,' a judge wrote.
The US Supreme Court has sided with whiskey brand Jack Daniel's in its lawsuit against a company that sells a lookalike poop-themed toy for dogs.
Justice Elena Kagan, who wrote the court's opinion, noted: "This case is about dog toys and whiskey, two items seldom appearing in the same sentence."The decision throws out an appeal that found that the toy was a "non-commercial" parody, subject to First Amendment free speech protections, and throws the case back to lower courts.
The bottle of liquor says "40% alcohol by volume", while the "Bad Spaniels Silly Squeaker" chew toy reads "43% poo by volume" and "100% Smelly". The packaging includes a label noting that it is not affiliated with Jack Daniel's.Lawyers for the Tennessee whisky company said they found no humour in the pun.
The Biden administration and major brands - such as Nike, Campbell Soup Company, Patagonia and Levi Strauss - had urged justices to side with Jack Daniel's.
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