Issue No. 037 · August 5, 2026
TrademarkRulingFashion
Jack Daniel's Loses Bad Spaniels Tarnishment Appeal
The Ninth Circuit reversed an injunction against VIP Products and directed the trial court to enter judgment for the maker of the Bad Spaniels dog toy in its long-running trademark fight with Jack Daniel's.
Key points
- The toy spoofs the shape and labeling of a Jack Daniel's bottle with dog-themed references and bathroom humor.
- The panel held that the toy's name and trade dress did not facially portray the whiskey brand's marks in a context likely to tarnish their reputation.
- The court found Jack Daniel's evidence too general because its expert did not study the Bad Spaniels toy specifically.
- The panel remanded with instructions to enter judgment for VIP Products, which could allow the toy to return to market.
Why it matters
Familiar brands are testing different boundaries of control. One appellate court rejected a tarnishment theory against parody, while two new motions ask courts to restrict alleged misuse of brand identity and confidential product information.