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Jack Daniel’s Denied Shot to Take Dog Toy Case to High Court (1)

Jan. 11, 2021, 2:54 PMUpdated: Jan. 11, 2021, 4:07 PM

Jack Daniel’s won’t get to argue to the U.S. Supreme Court that a pun-laden bottle-shaped dog chew toy infringed its trademarks.

The high court declined to hear an appeal of the U.S. Court of Appeals for the Ninth Circuit’s ruling that the toy, made by VIP Properties Inc., expressed a humorous message, satisfying a court-created test for marks used in expressive works.

The justices passed on a chance to clarify boundaries around the Second Circuit’s widely adopted “Rogers Test” for marks in expressive works. Attorneys criticized the application of the test to a commercial product, reasoning that virtually any product ...