Back in the doghouse: Parody and trademarks post-Jack Daniel's
Back in the doghouse: Parody and trademarks post-Jack Daniel's
Publication
Los Angeles & San Francisco Daily Journal
By David Martinez and Navin Ramalingam
The U.S. District Court for the District of Arizona has issued a consequential ruling in VIP Products LLC v. Jack Daniel’s Properties Inc., marking yet another significant development in the ongoing legal battle over the “Bad Spaniels” dog toy. This decision, following the Supreme Court’s landmark ruling in Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), addresses trademark dilution and infringement claims under the Lanham Act, and clarifies the intersection of trademark law and parody, determining that VIP Products’ “Bad Spaniels” dog toy does not infringe Jack Daniel’s trademarks despite finding trademark dilution by tarnishment.
It offers important guidance on how courts may interpret the Supreme Court’s decision to analyze parody in trademark infringement cases. VIP Products has appealed the tarnishment finding to the Ninth Circuit Court of Appeals.
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