(NewsNation) — A lawsuit filed by Tennesee whiskey distiller Jack Daniel’s alleging that a dog toy made by VIP Products violates its trademark is set to be heard in front of the Supreme Court Wednesday.
The toy, Bad Spaniels, mimics Jack Daniel’s famous whiskey bottles, but uses dog-themed alterations. For instance, the “Old No.7” emblem on the bottle is “the Old No. 2, on your Tennessee Carpet” on the toy. Alcohol descriptions on the fake bottle include “43% Poo by Vol.” and “100% Smelly.”
While a lower court determined that the toy is protected by the First Amendment, and is intended as a joke, Jack Daniel’s is seeking to overturn this decision, Insider reported.
“To be sure, everyone likes a good joke,” lawyers for Jack Daniel’s wrote in a court filing, according to Insider. “But VIP’s profit-motivated ‘joke’ confuses consumers by taking advantage of Jack Daniel’s hard-earned goodwill.”
The Supreme Court’s ruling on the case is due by the end of June.
Trial attorney and legal analyst Misty Marris said on “NewsNation Live” Tuesday that the Supreme Court will be looking at the Rogers test when deciding the outcome of the case. This test, Marris said, allows companies to use a trademark without authorization as long as there is artistic expression in how it’s being presented, and if it does not explicitly mislead the consumer.
“Everybody thinks it’s crazy. I have a ton of people asking me, ‘How can anybody be confused? This is a dog toy versus liquor,'” Marris said. “But the implications of this case are actually very far-reaching to the extent that that standard is changed or is potentially limited in its use.”
Reuters contributed to this story.