The Supreme Court is hearing a spirited dispute Wednesday between whiskey maker Jack Daniel's and the manufacturer of a squeaking dog toy that parodies the liquor's bottle and label.
The question for the court has to do with whether the toy's maker infringed on Jack Daniel's trademarks.
The packaging of the toy, which retails for around $20, notes in small font:"This product is not affiliated with Jack Daniel Distillery." People are also reading… "Jack Daniel's loves dogs and appreciates a good joke as much as anyone. But Jack Daniel's likes its customers even more, and doesn't want them confused or associating its fine whiskey with dog poop," wrote the company's attorney Lisa Blatt in a filing with the high court ahead of Wednesday's arguments. Audio is being livestreamed on the court's website.
At the heart of the case is the Lanham Act, the country's major trademark law. It prohibits using a trademark in a way"likely to cause confusion ... as to the origin, sponsorship, or approval of ... goods." Jack Daniel's says that's what the dog toy does. It says a lower court was wrong to side with VIP.
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