Ninth Circuit overturns injunction, allowing Jack Daniel's parody dog toy to return
A three-judge panel of the Ninth Circuit Court of Appeals lifted a lower-court order that had barred VIP Products from selling its Bad Spaniels dog toy that mimics Jack Daniel’s branding.
The Ninth Circuit Court of Appeals issued a 28-page opinion that nullified a district-court injunction against VIP Products’ Bad Spaniels dog toy, which satirically references Jack Daniel’s whiskey. Judge Miland Smith Jr., joined by senior judges Marsha Berzon and Andrew Hurwitz, concluded that neither the toy’s trade dress nor its name likely tarnished the liquor brand’s famous marks. VIP had originally sued for declaratory relief after Jack Daniel’s sent a cease-and-desist in 2014, and the lower court had previously rejected VIP’s First Amendment arguments.
The appellate panel held that the whiskey maker did not demonstrate a sufficient likelihood of reputational harm, noting the expert witness relied on generic consumer-psychology studies rather than evidence specific to the toy. The case was remanded with instructions to enter judgment for VIP, potentially allowing the parody toy back on the market. Attorneys for both sides declined to comment.
Why it matters
The ruling clarifies how trademark law applies to parody products, affecting future brand-protection disputes.
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