U.S. Supreme Court makes ruling in Jack Daniel's lawsuit against 'poop-themed' dog toy

Jack Daniel's whiskey won a legal tug-of-war with VIP Products, an Arizona-based dog toy company.

The U.S. Supreme Court on Thursday ruled in favor of Jack Daniel's in a trademark dispute over "poop-themed" dog toys that parody the company's iconic black and square bottle.

The toy, which features a black label with white accents, reads "Old Spaniels" and "The Old. No 2 on your Tennessee carpet."

Jack Daniel's headquarters is located in Lynchburg, Tennessee, about 70 miles south of Nashville.

Initially, a federal appeals court ruled Jack Daniel’s couldn’t enforce its trademarks against VIP Products, stating that the toy was an expressive work protected under the First Amendment.

The Supreme Court reversed the earlier ruling.

Justices said the Rogers Test — the most commonly used test in trademark laws, which allows trademark use in expressive, artistically relevant works — did not apply. Now, the case will be centered around whether consumers mistakenly believe the toy is a Jack Daniels product.

The case has received attention from other famous brands, such as Campbell Soup Co. and Levi Strauss & Co. — both supporting Jack Daniel's. 

Diana Leyva covers breaking and trending news for The Tennessean. Connect with her by email at [email protected] or follow her on twitter at @_leyvadiana