The Supreme Court sides with Jack Daniel's in a dispute over a poop-themed dog toy that parodies its iconic liquor bottle.
The ruling was unanimous.
Though the court’s decision is a win for Jack Daniel’s – which argued that an appeals court erred when it said the parodic toy was “non-commercial” and therefore enjoyed constitutional protection – the justices declined to grant the distiller’s request to throw out the test an appeals court used when it ruled in favor of the toy, a move that would have given trademark holders wide latitude to sue companies that parody their marks on consumer goods.
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