08/28/2026
The long-running fight between Jack Daniel’s and the maker of the “Bad Spaniels” dog toy is back in the spotlight — and it offers an important reminder for business owners, brand owners, and entrepreneurs.
Parody may be funny, but when someone uses another company’s trademark or trade dress as part of their own product branding, the legal analysis gets serious very quickly. The Ninth Circuit’s latest decision shows that even famous brands must prove the required elements of trademark dilution, including likely harm to reputation — and that courts may consider whether the accused use is an obvious parody.
The takeaway: before you build a product, campaign, or brand around someone else’s famous trademark, understand where humor ends and trademark risk begins.
https://www.intellectulaw.com/post/jack-daniel-s-woofs-it-against-bad-spaniels-at-the-ninth-circuit
Jack Daniel's v. VIP Products returns to the Ninth Circuit with the ongoing fight over the Bad Spaniels trademark and a claim of Trademark Dilution. Here's what trademark owners and entrepreneurs should take away from what happened.