🥃 Whiskey Bottle Dog Toy Violated Jack Daniel’s Trademark Rights, Federal Judge Says

A federal judge found that a dog toy resembling a Jack Daniel’s whiskey bottle violated the company’s trademark protection.

The “Bad Spaniels” dog toy was made and sold by VIP Products. The toy mimicked the shape and logo of Jack Daniel’s whiskey. However, in place of “Old No. 7” the toy’s label reads “Old No. 2, on your Tennessee Carpet.” VIP Productions also replaced “40%” alcohol per volume with “43% Poo By Vol.” and “100% Smelly.”

According to the January 21st ruling, the judge found that

such negative associations are particularly harmful for a company such as Jack Daniel’s because the goods it offers for sale involve human consumption and human consumption and canine excrement do not mix.

Consequently, the court ordered

that Jack Daniel’s Products, Inc. is entitled to judgment in its favor against VIP Products, LLC on Jack Daniel’s trademark and trade dress dilution counterclaims pursuant to the Lanham Act, 15 U.S.C. § 1125, and Arizona’s antidilution statute, A.R.S. § 44-1448.01.

The full text of the order is attached below.