Justices asked to hear dog toy dispute. Will they bite?

Nov 19, 2022, 2:49 PM | Updated: Nov 21, 2022, 9:01 am
A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has ask...

A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)

(AP Photo/Jessica Gresko)

              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A Bad Spaniels dog toy is displayed in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. The toy mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)
            
              A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy in Arlington, Va., Sunday, Nov. 20, 2022. Jack Daniel's has asked the Supreme Court justices to hear its case against the manufacturer of the toy. (AP Photo/Jessica Gresko)

WASHINGTON (AP) — The company that makes Jack Daniel’s is howling mad over a squeaking dog toy that parodies the whiskey’s signature bottle. Now, the liquor company is barking at the door of the Supreme Court.

Jack Daniel’s has asked the justices to hear its case against the manufacturer of the plastic Bad Spaniels toy. The high court could say as soon as Monday whether the justices will agree. A number of major companies from the makers of Campbell Soup to outdoor brand Patagonia and jeans maker Levi Strauss have urged the justices to take what they say is an important case for trademark law.

The toy that has Jack Daniel’s so doggone mad mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the parody proclaims: “The Old No. 2 on Your Tennessee Carpet.” Instead of the original’s note that it is 40% alcohol by volume, the parody says it’s “43% Poo by Vol.” and “100% Smelly.”

The toy retails for about $13 to $20 and the packaging notes in small font: “This product is not affiliated with Jack Daniel Distillery.”

The toy’s maker says Jack Daniel’s can’t take a joke. “It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it — and everyone else — has had enough,” lawyers for Arizona-based VIP Products wrote the high court. They told the justices that Jack Daniel’s has “waged war” against the company for “having the temerity to produce a pun-filled parody” of its bottle.

But Jack Daniel’s lead attorney, Lisa Blatt, made no bones about the company’s position in her filing.

“To be sure, everyone likes a good joke. But VIP’s profit-motivated ‘joke’ confuses consumers by taking advantage of Jack Daniel’s hard-earned goodwill,” she wrote for the Louisville, Kentucky-based Brown-Forman Corp., Jack Daniel’s parent company.

Blatt wrote that a lower court decision provides “near-blanket protection” to humorous trademark infringement. And she said it has “broad and dangerous consequences,” pointing to children who were hospitalized after eating marijuana-infused products that mimicked candy packaging.

If VIP Products is allowed to confuse consumers with dog toys, “other funny infringers can do the same with juice boxes or marijuana-infused candy,” Blatt wrote.

The toy is part of a line of VIP Products called Silly Squeakers that mimic liquor, beer, wine and soda bottles. They include Mountain Drool, which parodies Mountain Dew, and Heini Sniff’n, which parodies Heineken. A court in 2008 barred the company from selling its Budweiser parody, ButtWiper.

After the company began selling its Bad Spaniels toy in 2014, Jack Daniel’s told the company to stop, but VIP went to court to be allowed to continue to sell its product. Jack Daniel’s won the first round in court but lost an appeal. The case reached the Supreme Court at an earlier stage, but the justices didn’t bite.

Bad Spaniels isn’t the only parody puppy toy to draw the ire of the brand it imitated. Luxury bag maker Louis Vuitton sued the makers of Chewy Vuiton over their plush purse dog toys. In 2007 a federal appeals court sided with the chew toy’s manufacturers, Nevada-based Haute Diggity Dog. Louis Vuitton didn’t appeal to the Supreme Court.

The case is Jack Daniel’s Properties Inc. v. VIP Products LLC, 22-148.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Judge, pot shop robbery...
Associated Press

Washington state man charged in 34-year-old Wisconsin murder

A Washington state man has been charged in the 1988 slaying of a Wisconsin woman after he was identified using "familial DNA searching"
12 hours ago
(Photo by Ben Hasty/MediaNews Group/Reading Eagle via Getty Images)...
Associated Press

District to pay $5M over teen’s death at football practice

A Washington school district will pay $5.25 million to the family of a high school student who died from a heart attack during a 2018 football practice.
12 hours ago
FILE - A sign on the University of Vermont campus in Burlington, Vt., is pictured on March 11, 2020...
Associated Press

Students sue Vermont school over response to sex assaults

Three women are suing the University of Vermont, saying the school failed to adequately respond after they reported they had been sexually assaulted while students on the Burlington campus. The civil suit, which is seeking unspecified damages, says that after the three women were sexually assaulted a number of administrators and school staff showed “deliberate […]
1 day ago
Associated Press

4 teens arrested in baseball bat beating death in Nebraska

OMAHA, Neb. (AP) — Four teens — two of them only 13 — have been arrested in connection with the death of a 62-year-old man who was beaten with a baseball bat on an Omaha street, police said Friday. The beating happened on Halloween afternoon in midtown Omaha, police said. Officers called to the scene […]
1 day ago
FILE - Alex Murdaugh, center, talks with his defense attorney Dick Harpootlian after a hearing in C...
Associated Press

Prosecutors say Murdaugh killed wife and son to cover crimes

COLUMBIA, S.C. (AP) — Disbarred South Carolina attorney Alex Murdaugh killed his wife and son to gain sympathy, thereby providing a cover from damning financial crimes, prosecutors alleged Thursday as they provided their most detailed theory in a saga that has drawn worldwide attention for its bizarre twists. Questions around motive came to a head […]
1 day ago
FILE - Oranges rot on the ground on Oct. 12, 2022, at Roy Petteway's Citrus and Cattle Farm after t...
Associated Press

USDA: Florida orange crop down 36% after twin hurricanes

ST. PETERSBURG, Fla. (AP) — Production of oranges in Florida this season is forecast to be down 36% from earlier estimates, in part a reflection of twin hurricanes that battered growing regions, according to U.S. Agriculture Department figures released Friday. The latest forecast calls for about 18 million boxes of oranges to be produced in […]
1 day ago

Sponsored Articles

Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Anacortes Christmas Tree...

Come one, come all! Food, Drink, and Coastal Christmas – Anacortes has it all!

Come celebrate Anacortes’ 11th annual Bier on the Pier! Bier on the Pier takes place on October 7th and 8th and features local ciders, food trucks and live music - not to mention the beautiful views of the Guemes Channel and backdrop of downtown Anacortes.
Swedish Cyberknife Treatment...

The revolutionary treatment of Swedish CyberKnife provides better quality of life for majority of patients

There are a wide variety of treatments options available for men with prostate cancer. One of the most technologically advanced treatment options in the Pacific Northwest is Stereotactic Body Radiation Therapy using the CyberKnife platform at Swedish Medical Center.
Work at Zum Services...

Seattle Public Schools announces three-year contract with Zum

Seattle Public Schools just announced a three-year contract with a brand-new company to the Pacific Northwest to assist with their student transportation: Zum.
Justices asked to hear dog toy dispute. Will they bite?