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Ninth Circuit Reverses Jack Daniel's Trademark Win

11 August 2026

The U.S. Court of Appeals for the Ninth Circuit issued a published decision reversing the district court's entry of a permanent injunction in favor of Jack Daniel's Distillery. The ruling concerns VIP Products' Bad Spaniels dog toy, which parodies the whiskey brand's bottle and labeling.

The appeals court determined that Jack Daniel's failed to meet its burden to establish dilution by tarnishment. The decision remands the matter to the district court with instructions to enter judgment for the defendant. This marks another reversal in the decade-long litigation involving parody and trademark dilution claims.

The case centers on whether the humorous product dilutes the famous mark or constitutes protected expression. The Ninth Circuit's opinion builds on prior proceedings in the dispute.

Sources: https://ipwatchdog.com/2026/08/05/ninth-circuit-again-reverses-jack-daniels-trademark-win-due-to-bad-spaniels-successful-parody/ https://ipwatchdog.com/category/trademark/

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