Supreme Court to determine if "dog poop" themed toys can be confused with Jack Daniels whiskey

Jack Daniels has dragged a dog toy maker into court over their "Bad Spaniels Old No. 2" bottle-shaped squeeze toy. The whiskey producer claims that somehow this will confuse people and cause them to associate Jack Daniels with poo. I think the proud declaration of having been awarded the "1915 Certificate of the Institute of Hygiene, London" would make this mistake impossible, but we'll see what the Supreme Court has to say.


The toy in question has a label on its neck saying "Old No. 2" in reference to the "Old No. 7" label on Jack Daniel's bottles. It also says "Old No. 2 on your Tennessee Carpet" on the body in reference to the "Old No. 7 Tennessee Sour Mash Whiskey" main label featured on the whiskey bottles.

The whiskey maker, describing the offending products as "poop-themed dog toys," counters that there is a likelihood of confusion, meaning the product violates trademark law.

"Jack Daniel's loves dogs and appreciates a good joke as much as anyone. But Jack Daniel's likes its customers even more, and doesn't want them confused or associating its fine whiskey with dog poop," the company's lawyer, Lisa Blatt, wrote in court papers.

Justice Kavanaugh is a noted beer enthusiast, I wonder how he feels about whiskey.