JACK vs The Dogs!

The Supreme Court on Thursday gave Jack Daniel’s a second shot at winning a trademark dispute with the maker of a rubber dog toy.

In announcing the decision, Justice Elena Kagan said a lower court’s reasoning was “flawed” when it ruled in favor of VIP Products, which Jack Daniel’s officials have accused of trademark violation. The case is being “sent back for further review,” Kagan said.

The rubber dog toy, which is a replica of a Jack Daniel’s bottle, is emblazoned with the name “Bad Spaniels” – and instead of “Old No. 7 Brand” and “Tennessee Sour Mash Whiskey,” the words, “The Old No. 2 on Your Tennessee Carpet” appear on the bottle. It also claims to be “43 percent poo by volume” and “100 percent smelly.”

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