Dog treat takes a bite out of bourbon brand Maker’s Mark

Maker’s Mark is an icon in the world of bourbon.

Since 1958, this whiskey has been produced in Kentucky and is known for its smooth, sweet flavor, thanks to the use of red winter wheat instead of rye. One of its most recognizable features is the bottle’s cap, which is hand-dipped in a layer of red wax. The whiskey stands out for its use of red winter wheat rather than rye, giving it a softer, sweeter taste.

From time to time, companies in other sectors attempt to create a parody of an existing brand. After all, they argue, their product comes from a completely different industry, so confusion is unlikely.

Such is the case with the dog treat from the company Wigglewow, named “Maker’s Bark.” The dog treat is shaped like the bourbon bottle, complete with the distinctive red wax on the cap. This did not sit well with Maker’s Mark.

Wigglewow’s Maker’s Bark

The distillery emphasizes the similarities in the design of the two products, including the shape, red wax cap, and color scheme, combined with the choice of the name “Maker’s Bark.” Maker’s Mark claims that Wigglewow is intentionally infringing and that the dog treat harms the goodwill and reputation of the bourbon brand. The combination of design and name, they argue, could mislead consumers and undermine the exclusivity of the bourbon brand.

This raises the legal question: where is the line between a humorous parody and trademark infringement? In trademark law, well-known brands often enjoy broader protection. Even with entirely different products, infringement may occur if someone unfairly benefits from a brand’s notoriety or damages its reputation. Parody can sometimes provide a defense, but in a commercial context, that leeway is often limited—and this is exactly the challenge Maker’s Bark would likely face.

However, the parties did not need to answer that question in this case. Recently, they reached a settlement: as of August 19, the dog treat was permanently removed from the market. For owner Mark Pfeifer, it was “just not worth fighting any further.”

Author: Erwin Haüer

Bio: Erwin is a trademark attorney and, as the managing partner, in charge of IT and Information Management. He works extensively with startups and scale-ups, while his clientele also includes numerous multinational corporations. Erwin possesses a sharp wit and a keen eye for remarkable trademark news and curious brand infringements.