Supreme Court Rules 9-0 for Jack Daniel's in Trademark Fight Over 'Poop-Themed' Lookalike Dog Toy

Various companies, including Nike Inc., Campbell Soup Co. and American Apparel, filed briefs backing Jack Daniel’s, saying the appeals court’s interpretation of the law threatened trademark protections that shield the value of iconic brands.

The Supreme Court on Thursday sided with Jack Daniel’s in its trademark fight against a poop-themed dog toy that parodies the company’s whiskey bottles. The unanimous majority further ruled in favor of Jack Daniel’s in its trademark dilution claims, which were brought under a different federal law.

The dispute pitted the whisky brand’s trademark rights against legal protections for creative expression – in this case a send-up by Phoenix-based VIP Products of Jack Daniel’s Old No. 7 Tennessee whisky bottle featuring comical dog poop-themed changes like a label reading “the Old No. 2, on your Tennessee Carpet.”