'Do we really need intellectual property rights protections so broad that they protect those among us who can’t tell the difference between a whiskey bottle and a dog toy?' conncarroll writes.
Twenty-nine percent, according to an expert witness hired by Jack Daniels in a lawsuit against the dog toy maker VIP Products.Steven Sacra and his wife were at a bar one night when he had the inspiration to make a dog toy called “Bad Spaniels” that was shaped and colorized like a bottle of Jack Daniels whiskey. In addition to saying “Bad Spaniels” instead of Jack Daniels, the label on the dog toy also says, “the Old No. 2 on your Tennessee Carpet," “43% POO BY VOL,” and “100% Smelly.
There is no record of anyone ever confusing Pissness with Guinness. But that didn’t stop Jack Daniels from worrying that people might confuse their whiskey with actual dog poo. So they sued. VIP did not contest the distinctiveness of the Jack Daniels body shape or that its distinctive shape had no functional purpose. VIP did argue that no consumer would likely confuse their dog toy with an actual bottle of Jack Daniels whiskey.
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