The Supreme Court on Thursday sided with Jack Daniel's in a challenge over a poop-themed dog toy that parodies the iconic whiskey bottle.
The justices ruled in unanimity in favor of Jack Daniel's, which argued that an appeals court erred when it said the parody toy was "non-commercial" and enjoyed First Amendment protection.
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But the full court did decline to grant Jack Daniel's request to toss out a test used in an appeals court that ruled in favor of the toy, a move that would have granted trademark holders a broad ability to sue companies that parody their marks on consumer products.
The focus of the case was on a dog chew toy created by VIP Products, which creates a bottled-shaped toy that is very similar to the iconic Tennessee whiskey.
Jack Daniel's claimed the toy violated federal trademark law, which typically centers on how likely a consumer is to confuse an alleged infringement with something produced by the real owner of the mark.
This is a developing story and will be updated.