(Actually, upon researching it, Penny Arcade was taking a poke at American McGee's take on "Alice in Wonderland". My bad.)

My understanding of this -- and I am not a lawyer, nor do I even play one on television -- is that for the parody defense to work you have to be parodying the product in question. Unless the book was in some way poking fun *at Jack Daniels*, I don't think you can assert that defense.

If memory serves, the guys at Penny Arcade discovered this the hard way when they did a tarted up Strawberry Shortcake to make fun of Todd McFarlane's Twisted Fairy Tales series. And American Greetings hit them with a C&D that was not quite so polite as this one, explaining that *did not* have the legal right to use an American Greetings property to make fun of Todd McFarlane under parody fair use.

Man. It's like these scientists have never even seen a horror movie.