Jack Daniels invented their distinctive design, and this was specifically imitating that. There is no owner of the concept of what an apple looks like, with or

Jack Daniels invented their distinctive design, and this was specifically imitating that. There is no owner of the concept of what an apple looks like, with or with a bite taken out of it, except for the specific logo images copyrighted by someone like a Apple Inc. What’s relevant here is that the chance is illegally high that someone who looks at the general appearance of the dog toy but doesn’t take the time to read the actual words might think, “oh cool, Jack Daniels is releasing a dog toy!” rather than that another company is parodying Jack Daniels. It’s exactly this kind of confusion which trademark law is meant to prevent. Even someone who reads the words on the toy might think, “oh cool, Jack Daniels has enough of a sense of humor to make fun of themselves on a dog toy.” It’s legitimately not obvious that the toy isn’t from them.