Whiskey aficionados hoping to treat their dogs to a “Bad Spaniels” chew toy are in luck: the Ninth Circuit recently vacated a permanent injunction that prevented VIP Products LLC from manufacturing and selling its Bad Spaniels Silly Squeakers dog toys, emblazoned with a picture of a spaniel and the words “The Old No. 2 on your Tennessee Carpet.” The Ninth Circuit concluded that the squeaky toys were expressive works that conveyed a humorous message and that VIP’s use of trademarks and trade dress similar to those of Jack Daniel’s was protected by the First Amendment.
Good Day for Bad Spaniels: Ninth Circuit Holds Dog Toys Do Not Infringe Jack Daniel’s Marks
