Wednesday’s oral arguments at the Supreme Court had it all: dog toys, Jack Daniel’s whiskey, the 1978 pornographic film Debbie Does Dallas, the First Amendment, and more. Despite its eclectic array of—let’s say unusual—subject matter, how the justices decide this thorny matter could have interesting implications at the intersection of free speech protections and trademark law.The case, Jack Daniel’s Properties, Inc. v. VIP Products LLC, is ostensibly about dog toys manufactured by the latter company that parody a variety of alcoholic spirits, including the plaintiff’s iconic spirit. The “Bad Spaniels” toy strongly resembles a Jack Daniel’s whiskey bottle, but with scatological references: In
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