While the original bottle has the words 'Old No. 7 brand' and 'Tennessee Sour Mash Whiskey,' the toy proclaims 'The Old No. 2 on Your Tennessee Carpet.'
Supreme Court is debating two affirmative action cases that could have deep implications for diversity on campuses and in the workplace.The nation's highest court on Monday agreed to hear arguments in a
and the maker of a dog chew toy that mimics the company's signature whiskey bottle – only with dog poop humor on the label. While the original bottle has the words"Old No. 7 brand" and"Tennessee Sour Mash Whiskey," the toy proclaims"The Old No. 2 on Your Tennessee Carpet," according to the Associated Press. Instead of the original's note that it is 40% alcohol by volume, the dog toy says it's"43% Poo by Vol." and"100% Smelly.
At issue in the case is whether humorous products that parody other products enjoy protection under the First Amendment or whether the funny knock-off violates trademark law because it could confuse consumers. "It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it – and everyone else – has had enough," the dog toy maker, VIP Products, told the Supreme Court in a brief last month.
"To be sure, everyone likes a good joke," the attorney for Jack Daniel's properties said in its own brief."But VIP’s profit-motivated 'joke' confuses consumers by taking advantage of Jack Daniel’s hard-earned goodwill."
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