Supreme Court to Hear:  Bad Spaniels v. Jack Daniels

The Supreme Court will decide a trademark infringement case involving a dog toy company’s “Bad Spaniels” whiskey bottles, and Jack Daniel’s Old No. 7 Black Label Tennessee whiskey bottle.  The $17 toy at issue depicts a cartoon spaniel, a reference to Jack Daniel’s Old No. 7, and a disclaimer that states:  “This product is not affiliated with Jack Daniel Distillery.”  After being on the unsuccessful end at the Ninth Circuit Court of Appeals, Jack Daniel’s appealed to the Supreme Court, arguing that the toy company’s product violates the federal Lanham Act.  The toy company’s defense has centered around, among other things, the “expressive work” doctrine under the First Amendment.