Novelty Products and Parody in Jack Daniels v VIP (w/ @aburkhartlaw)

Facts of the case
VIP Products LLC, a company that manufactures dog toys, created a plastic toy that resembles Jack Daniel’s iconic bottle. Instead of “Jack Daniel’s,” the toy’s “label” says “Bad Spaniels”; and instead of “Old No. 7” and “Tennessee Sour Mash Whiskey” it says “The Old No. 2 on your Tennessee Carpet.”

Jack Daniel’s sued the toy company alleging violation of its trademark. The district court held that the toy is a humorous parody entitled to First Amendment protection, and the U.S. Court of Appeals for the Ninth Circuit affirmed.

Question Presented
Is humorous use of another’s trademark as one’s own on a commercial product subject to the Lanham Act’s likelihood-of-confusion analysis, or instead entitled to heightened First Amendment protection?

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