9th Circuit Reverses Jack Daniel's in Bad Spaniels Dog Toy Case

The U.S. Court of Appeals for the Ninth Circuit on August 4 reversed a lower court's decision that had sided with Jack Daniel's Properties Inc. in its trademark dispute with VIP Products LLC, the maker of the "Bad Spaniels" dog toy.

The case, which has spanned over a decade and previously reached the U.S. Supreme Court, involves allegations that the squeaky toy dilutes Jack Daniel's trademarks through its parody of the whiskey brand's bottle design and labeling. The district court had found dilution, but the appeals panel unanimously held that the toy would not harm the reputation of the Jack Daniel's marks.

The ruling remands the matter for further proceedings. VIP Products has maintained that the product qualifies as protected parody speech under the First Amendment.

This decision marks the latest development in a dispute that tests the boundaries of trademark protection for expressive uses of famous marks on consumer products.