A Louisville-based gourmet dog treat company has reached a settlement with one of the world’s largest drinks companies following a trademark dispute. What follows is a story of biscuits, puns, and legal drama - it’s quite the tail…
In 2021, Wigglewow created a dog treat that shared more than a passing resemblance to a bottle of Maker’s Mark, right down to red dog-friendly icing replicating the well-known bourbon’s iconic red wax seal. To make the pastiche complete they called it ‘Maker’s Bark’.
The company filed a trademark for the name with the US Patent and Trademark Office (USPTO) in February 2022.
Predictably, the sniffer dogs at Maker’s Mark’s legal team pounced on the attempted trademark. The Suntory Global Spirits-backed group formally filed an opposition to the trademark with the USPTO’s trial and appeal board in late 2024.
The main bone of contention was the claim that Wigglewow “knowingly and intentionally infringed upon and diluted the value of Maker’s Mark’s famous brand by purloining and adopting” Maker’s Bark.
Additionally, the whisky producer argue that ‘Maker’s Bark’ was their own idea and had introduced Wigglewow to the name and the concept as part of an attempt to expand the Maker’s Mark brand.
The appeal states that Wigglewow “elected, without seeking Maker’s Mark’s approval and indeed behind Maker’s Mark’s back, to launch its own brand of pet treats under the name. To make matters worse, [the] applicant’s pet treats mimic the shape, colouring and design of Maker’s Mark bottle.”
Speaking before a settlement was reached, Wigglewow founder Mark Pfeier commented that “I did think it was hilarious that our dog treat was causing confusion around their Bourbon brand.”
Commenting on the then-ongoing negotiations, Pfeifer explained: “I don’t have a spare US$40,000 to $700,000 to fight them through USPTO to keep the brand, so we are in the process of just folding over and giving it back to them. It’s just not worth it to me.”
You could say that, with the threat of legal action in the air, Pfeifer didn’t care to find out if the Suntory legal team’s bark was worse than their bite.
The settlement is believed to have been reached on 25th June and the details have not been disclosed. At the time of writing, Maker’s Mark and their legal team have not commented on the case.
All we know is that as of this coming August, the Wigglewow Makers Bark dog-treat will be discontinued.
We can understand a company’s legal hounds being protective of their trademarks, but we also can’t help but feel as if this is something that could maybe have been overlooked. As Pfeifer suggested, surely there can't be too many people getting confused between bourbon and dog biscuits?
While we don’t necessarily recommend trying to take on a whisky producer’s legal team, we have a few names you could try if you wish to start your own whisky-inspired dog-related business:
Highland Bark
Johnnie Dog Walker
Woofburn
Glen-bark-las
Springer-bank
Glen-lassie
Bite & MacKay
