The Supreme Court takes on satire

Yesterday, the Supreme Court agreed to hear a case between whiskey maker Jack Daniel’s and the manufacturer of a squeaky dog toy that parodies the whiskey’s signature bottle. And though it may seem a little silly on its face, this dispute could have far-reaching implications for satire everywhere.

At the heart of the case is a dog toy manufactured by VIP Products. The toy, product-name “Bad Spaniels,” is shaped like a Jack Daniel’s whiskey bottle – and instead of reading “Old No. 7 Brand” and “Tennessee Sour Mash Whiskey,” the parody version reads “The Old No. 2 on Your Tennessee Carpet.”

And that’s not the only difference between the two. The OG whiskey bottle notates that its contents are 40% alcohol per volume, while the toy version reads “43 percent Poo by Vol.” and “100% smelly.” Which Jack Daniel’s doesn’t seem to find very funny (you could even say it makes them… barking mad).

The whiskey maker's general counsel argues VIP Products is taking advantage of Jack Daniel’s “hard-earned goodwill” to sell products, and that a ruling in the toymaker’s favor would provide near-blanket protection for any other humorous copycats.

On the flip side, VIP Products – which also manufactures other drink-themed parody toys like Mountain Drool and Heini Sniff'n – claims it’s protected by the First Amendment, and that Jack Daniel’s just can’t take a joke, doggone it.

👩‍⚖️👀 The bottom line: Though the Court’s decision isn’t expected until next summer, major companies are already taking note. Campbell’s, Levi’s, and Patagonia have all filed briefs in support of Jack Daniel’s.