ANDREA FUJII: This morning, a battle at the Supreme Court over whether a humorous dog toy infringes on the trademark of a well-known whiskey. ANNOUNCER: We've created a hilarious line of novelty dog toys that parody some of your favorite beverages. ANDREA FUJII: The Bad Spaniels toy created by VIP Products look similar to the square Jack Daniels bottle, right down to the lettering. But instead of describing the type of whiskey, the toy says number two on a Tennessee carpet. At issue is whether the toy's humorous message is protected by the First Amendment or whether it's glaring likeness to the Jack Daniels bottle supersedes any free speech protections. Justice Alito with this question. SAMUEL ALITO: Could any reasonable person think that Jack Daniels had approved this use of the mark? ANDREA FUJII: But Justice Kagan with this statement. ELENA KAGAN: This is not a political t-shirt. It's not a film. It's not an artistic photograph. It's nothing of those things. It's a standard commercial product. I don't see the parody but, whatever. ANDREA FUJII: Jack Daniels argued the toy will mislead consumers, profit from Jack Daniels hard earned goodwill, and associate Jack Daniels whiskey with excrement. But dozens of trademark experts are siding with VIP claiming it's speech is non-commercial. There was no apparent consensus among the judges as to which company should prevail. A ruling is expected by the end of June.