Originally published at: Supreme Court to determine if "dog poop" themed toys can be confused with Jack Daniels whiskey | Boing Boing
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I don’t need a dog toy to associate Jack Daniels with dog poop.
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You’d think it would be a no-brainer that corporations shouldn’t be able to use trademark law to protect themselves from being parodied, but considering the no-brainers on the court, who knows.
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So that’s why this isn’t getting me drunk.
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Doubtless the defense will cite Hormel v Henson…the folks who make SPAM vs the Muppet Spa’am in Muppet Treasure Island.
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It seems to me that describing the offending products as “poop-themed dog toys,” and not “Our-Brand-themed dog toys” pretty much undercuts the whole argument.
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I mean if this doesn’t qualify as a parody, I don’t know what does.
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Not to mention the Streisand effect where this court battle brings a ton of attention to a product that the company supposedly doesn’t want people to know about. But maybe that was part of the plan all along. Win or lose, the brand name of Jack Daniels is getting a ton of publicity right now which I’m sure their marketing department plans to take advantage of.
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Ah, Jack Daniels for the litigious whiskey drinker.
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I suppose there is some value in associating yourself with a questionably justified combination of confidence and belligerence in this case; wouldn’t want people to get that by drinking the competition instead.
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Who doesn’t love Old No. 2?
I was going to buy one of the toys for my novelty shelf but 20 bucks is a bit over the top on pricing. Since I have a coincidental name, I may bite the bullet anyway.
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