The main difference is that instead of describing “Old No. The toy in question was modeled on and closely resembles the distinctive square bottle in which Jack Daniel’s has marketed its whiskey since the 19th century – with the same size and shape and a label with a similar shape and font. VIP has a line of spoof products that parody famous brands. The case involves a dispute between Jack Daniel’s (the largest American whiskey manufacturer) and VIP Products (the second-largest American dog toy manufacturer). VIP Products to be heated, as the justices consider the possibility that protection for parodies requires an exception to traditional trademark protections. It is fair to expect Wednesday’s arguments in Jack Daniel’s Properties v.
