The Supreme Court has ruled that a dog chew toy that resembles a bottle of Jack Daniel’s whiskey is not protected by the First Amendment, and that it infringes on the whiskey brand’s trademark. The toy, known as the Bad Spaniels Silly Squeaker, resembles a Jack Daniel’s bottle, but with lighthearted, dog-related alterations. The words on the bottle have been replaced with dog-related phrases, and the tag on the toy states it is not affiliated with the distillery. Justice Elena Kagan, writing for a unanimous court, remarked on the humor in the dispute. Trademark cases generally turn on whether the public is likely to be confused about a product’s source. The court returned the case to lower courts to analyze it.
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