Can’t You Take a Joke?

     PHOENIX (CN) – VIP Products insists its “Heinie Sniff’n” dog toy does not violate Heineken’s trademarks. VIP says Heineken has demanded that a retailer in Maine stop selling the toys. Come on, it’s a joke, VIP says in its request for declaratory judgment.

     VIP says in its federal complaint that “on or about April 17, 2009, attorneys for Defendants contacted Scalawags of Kennebunkport, Maine, a retail customer of Plaintiff, and demanded that Scalawags cease and desist all sales of Plaintiff’s HeinieSniff’n parody dog toy.
     “Upon information and belief, Defendants’ attorneys contended that the HeinieSniff’n novelty dog toy infringed and diluted Defendants’ trademarks and trade dress and requested that Scalawags cease distribution of Plaintiff’s HeinieSniff’n parody dog toy and remove all pictures of Plaintiff’s parody dog toy from their Web site.”
     VIP is represented by David Bray with Mariscal, Weeks & McIntyre.

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