Overview
Dickinson Wright is pleased to announce that the U.S. Court of Appeals for the Ninth Circuit has ruled in favor of our client, VIP Products LLC, holding that VIP’s “Bad Spaniels” dog toy, which parodies a bottle of Jack Daniel’s whiskey, does not tarnish the Jack Daniel’s trademark and trade dress. The August 4 opinion reversed an Arizona district court’s ruling in favor of Jack Daniel’s Properties, Inc. The lower court had found that the dog toy’s jokes about “The Old No. 2” and “43% Poo By Vol.” harmed the reputation of the Jack Daniel’s marks, in violation of the Trademark Dilution Reform Act.
“VIP Products is delighted by the Ninth Circuit’s recognition that the Bad Spaniels dog toy is a playful parody that has never posed any risk of tarnishing any of the Jack Daniel’s marks,” said Bennett Evan Cooper, the Dickinson Wright attorney who argued the case before the Ninth Circuit panel. He added, “We hope that, after more than a decade of litigation, today’s decision will bring this dispute to an end, leaving consumers able to enjoy both whiskey and having some fun with their beloved pets.”
“When we filed the declaratory judgment action for VIP in September 2014, we certainly did not expect the case to become a 12-year odyssey through the trial court, the Ninth Circuit, the U.S. Supreme Court, and back again,” said David G. Bray, a Dickinson Wright attorney who has represented VIP since the case began. “For a case about a chew toy, it has had remarkable staying power. After 12 years, we hope this decision finally lets Bad Spaniels stay out of the trademark doghouse for good.”
The long-running litigation started back in 2014. The district court found that the “Bad Spaniels” toy both infringed and tarnished the Jack Daniel’s trademarks, and it enjoined VIP from selling the toy. The Ninth Circuit then reversed in favor of VIP. The case made its way to the U.S. Supreme Court, which issued a landmark 2023 opinion that reversed the Ninth Circuit but recognized the traditional infringement test must be applied differently to parodies. On remand, the district court ruled for VIP on the infringement claim, but it again enjoined sale of the toy on tarnishment grounds. In its new 3-0 opinion, the Ninth Circuit panel reversed again, concluding that that “Bad Spaniels” toy does not tarnish the Jack Daniel’s marks, and it remanded the case for entry of judgment in VIP’s favor. To read the full opinion, please click here.
VIP Products is represented by lead counsel Bennett Evan Cooper (Member and Appeals and Advocacy Practice Group Co-Chair, Phoenix). The team also included Vail C. Cloar (Member, Phoenix), Alexandra Crandall (Member, Phoenix), and David G. Bray (Member, Phoenix). The case is VIP Products LLC v. Jack Daniel’s Properties Inc., U.S. Court of Appeals for the Ninth Circuit No. 25-2027.