Freedom of speech or poop on the trademark carpet?

Jack Daniel’s does not need any further introduction, and the company is nothing short of a trademark treasure. It is arguably one of the most iconic brands in the world, with its distinctive black-label whiskey bottle and rock-and-roll aura. In 2017, a company called VIP Products wanted to be a part of that iconic status and began selling a dog toy that resembled the Jack Daniel’s bottle, but with the brand name replaced with ”Bad Spaniels” and the slogan ”Old No. 2 on Your Tennessee Carpet” instead of ”Old No. 7”. At first glimpse, the plastic toy brings a smile to your face, but Jack Daniel’s was not amused and sued VIP Products for trademark infringement, and the case was ultimately tried by the Supreme Court.

In one of the briefs, Jack Daniel’s held that “Jack Daniel’s appreciates a good joke as much as anyone. But Jack Daniel’s likes its customers even more and doesn’t want them to be confused or associate its fine whiskey with dog poop.” The Supreme Court sided with Jack Daniel’s, holding that the Bad Spaniels dog toy was not protected by free speech, expressed in the First Amendment. The Court found that the toy was not a true parody but rather a commercial product that was likely to cause confusion among consumers.

This case is important because it clarifies the law on trademark infringement and parody. While parodies are generally protected by the First Amendment, businesses cannot use parodies to create consumer confusion about the source or origin of their products. Having fun at the expense of another company’s trademark is, therefore, something to avoid. Considering the capital spent on creating an appealing image, it is easy to see why successful brands like Jack Daniel’s want to keep their status pristine.

Gulliksson is a law firm that specializes in all areas of intellectual property law, and you may call us the trademark law firm for when your brand needs a good sniff.

The firm has a team of experienced lawyers who can help businesses with all aspects of trademark protection, including trademark registration, enforcement, and litigation.

If you have any questions about trademark law or the case, or if you believe somebody is barking up the wrong tree, please contact us or someone in the team. The firm’s lawyers are always happy to help.

Magnus Broman
Senior Associate
+46 70 144 02 23
Daniel Levein
+46 72 254 11 55