Bad Spaniels
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Jack Daniel’s Tangles With Dog Toy at Supreme Court
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A trademark case put the Supreme Court’s humor to the test Wednesday, as the justices heard a distillery’s plea to stop a novelty company from selling a dog toy shaped like a bottle of Jack Daniel’s.
Phoenix-based VIP Products LLC markets squeaky toys that mimic beverage bottles, including a 10-inch-tall item with a black label reading “Bad Spaniels: The Old No. 2 on Your Tennessee Carpet” for $16.49. Among those unamused was Brown-Forman Corp.’s BF.B 0.08%increase; green up pointing triangle Jack Daniel’s Properties unit, which produces Jack Daniel’s Old No. 7 Brand Tennessee Sour Mash Whiskey.
Jack Daniel’s sued for trademark infringement, winning before an Arizona federal court. But the Ninth U.S. Circuit Court of Appeals, in San Francisco, found the scatological squeaky toy to be parody, a form of expression protected by the First Amendment.
Justice Elena Kagan didn’t get the joke. “Maybe I just have no sense of humor. What’s the parody?” she asked.
Bennett Cooper, the lawyer for VIP Products, said the toy pokes fun at the self-importance of the Jack Daniel’s brand, whose advertising emphasizes a venerable legacy of spirits manufactured in tiny Lynchburg, Tenn.
“There’s no doubt that Jack Daniel’s takes itself very seriously,” Mr. Cooper said.
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Seems silly. It can’t possibly damage the brand.
“I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill
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I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
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Remind of the North Face vs. South Budd case.
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I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
The Brad
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I don’t even know where we got their toy from, but it is the loudest and most annoying squeaky toy that I have ever imagined. Dakota uses it as black mail. If she wants to play and we are tied up with something, she digs that out and it is so loud and obnoxious that we will drop what we are doing to come play with her.
They make hundreds of non parody toys as well, but the bottles are quite good. Instead of Heineken they have HeineySniff… Stella Artois is Smella R-Crotch
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I don’t even know where we got their toy from, but it is the loudest and most annoying squeaky toy that I have ever imagined. Dakota uses it as black mail. If she wants to play and we are tied up with something, she digs that out and it is so loud and obnoxious that we will drop what we are doing to come play with her.
They make hundreds of non parody toys as well, but the bottles are quite good. Instead of Heineken they have HeineySniff… Stella Artois is Smella R-Crotch
@LuFins-Dad said in Bad Spaniels:
the loudest and most annoying squeaky toy that I have ever imagined
Hold my HeineySniff...
Go to 2:56.
Link to video -
@LuFins-Dad said in Bad Spaniels:
the loudest and most annoying squeaky toy that I have ever imagined
Hold my HeineySniff...
Go to 2:56.
Link to video@George-K said in Bad Spaniels:
@LuFins-Dad said in Bad Spaniels:
the loudest and most annoying squeaky toy that I have ever imagined
Hold my HeineySniff...
Go to 2:56.
Link to videoNo, the squeaky toy is worse. Unless the chicken is putting out some overtone that is not coming through the microphone/speaker?
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@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
I do understand that. I dont know enough about the law.
Dont know if this is the same, but if I record a song by Queen, but using my voice, dont I have to pay them some sort of royalty?
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@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
I do understand that. I dont know enough about the law.
Dont know if this is the same, but if I record a song by Queen, but using my voice, dont I have to pay them some sort of royalty?
@taiwan_girl said in Bad Spaniels:
I have to pay them some sort of royalty?
If you do, rest assured that someone will sue you.
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@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
I do understand that. I dont know enough about the law.
Dont know if this is the same, but if I record a song by Queen, but using my voice, dont I have to pay them some sort of royalty?
@taiwan_girl said in Bad Spaniels:
@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
I do understand that. I dont know enough about the law.
Dont know if this is the same, but if I record a song by Queen, but using my voice, don't I have to pay them some sort of royalty?
Are you doing it for profit?
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@taiwan_girl said in Bad Spaniels:
@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
I do understand that. I dont know enough about the law.
Dont know if this is the same, but if I record a song by Queen, but using my voice, don't I have to pay them some sort of royalty?
Are you doing it for profit?
@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
I do understand that. I dont know enough about the law.
Dont know if this is the same, but if I record a song by Queen, but using my voice, don't I have to pay them some sort of royalty?
Are you doing it for profit?
Yes.
(Kind of like the dog company is doing).
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@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
I do understand that. I dont know enough about the law.
Dont know if this is the same, but if I record a song by Queen, but using my voice, don't I have to pay them some sort of royalty?
Are you doing it for profit?
Yes.
(Kind of like the dog company is doing).
@taiwan_girl said in Bad Spaniels:
@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
I dont know the law or anything, but it is obvious to me that the dog company is trying to use the "fame" of Jack Daniels to sell their product. If they weren't, they would just have it in an ordinary container.
Now, dont know if this is against the law or not.
And Weird Al used Queen and other artists fame to sell his product… That’s kind of how parody works…
Is Heinz coming after this company? Coca Cola? I have one of their Dog Perignon squeeze toys right now. The famous champagne maker has not sued them to my knowledge.
I do understand that. I dont know enough about the law.
Dont know if this is the same, but if I record a song by Queen, but using my voice, don't I have to pay them some sort of royalty?
Are you doing it for profit?
Yes.
(Kind of like the dog company is doing).
Not like the dog toy company is doing. The dog toy company is making a dog toy. Jack Daniels is making whiskey. Two completely different things. If they were making a whiskey and using a bottle that looked like Jack Daniels then we would have a different discussion. They aren’t. If Jack Daniels made a dog toy that looked like a bottle of whiskey, that would be a different story. They didn’t. If The Dog Toy company used the exact Jack Daniels logo and name, that would be a third story… But they didn’t.
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What they need to ask themselves is whether this lawsuit is going to make people want to go out and buy Jack Daniels, and whether the dog toy is somehow going to make people stop buying it.
Because petty and vindictive isn't a great corporate look, particularly for a company that tries to pretend it's down there getting dirty with the real folk.
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@LuFins-Dad I guess we will agree to disagree. :couple_with_heart:
I am not saying that the whiskey company is doing the smartest thing, or it is the best publicity for them.
You have a well know piano store. Lets say someone opens a store called "LaFins" instead of "LuFins", but they sell fish.
They use a logo and font that is very similar to yours. Their sign in front is similar also along with the company saying.
Of course, they are selling a different product but using peoples familiarity with your store to sell their product.
I would not like that the second store was doing that and would ask them to stop.
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@LuFins-Dad I guess we will agree to disagree. :couple_with_heart:
I am not saying that the whiskey company is doing the smartest thing, or it is the best publicity for them.
You have a well know piano store. Lets say someone opens a store called "LaFins" instead of "LuFins", but they sell fish.
They use a logo and font that is very similar to yours. Their sign in front is similar also along with the company saying.
Of course, they are selling a different product but using peoples familiarity with your store to sell their product.
I would not like that the second store was doing that and would ask them to stop.
@taiwan_girl said in Bad Spaniels:
@LuFins-Dad I guess we will agree to disagree. :couple_with_heart:
I am not saying that the whiskey company is doing the smartest thing, or it is the best publicity for them.
You have a well know piano store. Lets say someone opens a store called "LaFins" instead of "LuFins", but they sell fish.
They use a logo and font that is very similar to yours. Their sign in front is similar also along with the company saying.
Of course, they are selling a different product but using peoples familiarity with your store to sell their product.
I would not like that the second store was doing that and would ask them to stop.
Well , you were asking about legally speaking… Legally speaking, the verbiage, spelling, and logos on a trademark is pretty precise. And then profiting off the similarity wouldn’t have any legal consequences. It would only be if that company would be damaging my company or reputation in some way. If they are, then there is a case.
Not liking them using a similar logo or such is one thing… And asking them to stop is perfectly reasonable and understandable. Taking it to court is a completely different thing, especially when it’s a parody. The argument can easily and justifiably be made that the dog toy is promoting the Jack Daniels brand.
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@taiwan_girl said in Bad Spaniels:
@LuFins-Dad I guess we will agree to disagree. :couple_with_heart:
I am not saying that the whiskey company is doing the smartest thing, or it is the best publicity for them.
You have a well know piano store. Lets say someone opens a store called "LaFins" instead of "LuFins", but they sell fish.
They use a logo and font that is very similar to yours. Their sign in front is similar also along with the company saying.
Of course, they are selling a different product but using peoples familiarity with your store to sell their product.
I would not like that the second store was doing that and would ask them to stop.
Well , you were asking about legally speaking… Legally speaking, the verbiage, spelling, and logos on a trademark is pretty precise. And then profiting off the similarity wouldn’t have any legal consequences. It would only be if that company would be damaging my company or reputation in some way. If they are, then there is a case.
Not liking them using a similar logo or such is one thing… And asking them to stop is perfectly reasonable and understandable. Taking it to court is a completely different thing, especially when it’s a parody. The argument can easily and justifiably be made that the dog toy is promoting the Jack Daniels brand.
@LuFins-Dad said in Bad Spaniels:
@taiwan_girl said in Bad Spaniels:
@LuFins-Dad I guess we will agree to disagree. :couple_with_heart:
I am not saying that the whiskey company is doing the smartest thing, or it is the best publicity for them.
You have a well know piano store. Lets say someone opens a store called "LaFins" instead of "LuFins", but they sell fish.
They use a logo and font that is very similar to yours. Their sign in front is similar also along with the company saying.
Of course, they are selling a different product but using peoples familiarity with your store to sell their product.
I would not like that the second store was doing that and would ask them to stop.
Well , you were asking about legally speaking… Legally speaking, the verbiage, spelling, and logos on a trademark is pretty precise. And then profiting off the similarity wouldn’t have any legal consequences. It would only be if that company would be damaging my company or reputation in some way. If they are, then there is a case.
Not liking them using a similar logo or such is one thing… And asking them to stop is perfectly reasonable and understandable. Taking it to court is a completely different thing, especially when it’s a parody. The argument can easily and justifiably be made that the dog toy is promoting the Jack Daniels brand.
Good points. I guess it may be "morally" no good, but "legally" okay.
