Last month, in a case “about dog toys and whiskey,” the Supreme Court weakened—but did not eliminate—First Amendment protections for parody use of others’ trademarks (Jack Daniel’s Properties v. VIP Products,— U.S. —, No. 22-148 (2022)).

VIP Products sells “Silly Squeakers,” a line of dog toys designed to resemble liquor bottles but with, in the words of the U.S. Court of Appeals for the Ninth Circuit, “dog-related twists.” One Silly Squeaker was the Bad Spaniels toy, which took the shape of a square bottle with a label reminiscent of the Jack Daniel’s label. But where the Jack Daniel’s label refers to “Old No. 7 Tennessee Sour Mash Whiskey” and “40% alc. by vol.,” Bad Spaniels is referred to as “The Old No. 2 On Your Tennessee Carpet” and touts that it is “43% poo by vol.” and “100% smelly.”

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