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Bad Spaniels III: The Paradox of Parody in Trademark Cases Ex-Rogers

By Sam E. Iverson & Nalani M. Wilson on February 14, 2025
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After a decade of litigation and a pivotal Supreme Court ruling from 2023, the legal battle between Jack Daniel’s and VIP Products has taken yet another turn, this time back in favor of Jack Daniel’s. On remand from the Supreme Court in the case VIP Products LLC v. Jack Daniel’s Properties Inc., the U.S. District Court for the District of Arizona issued an amended order on January 21, 2025, finding that VIP’s “Bad Spaniels” dog toy is not likely to cause consumer confusion with Jack Daniel’s whiskey brand and trade dress, thereby not constituting trademark infringement.  However, the district court found that it nevertheless dilutes the fame and distinctiveness of the whiskey maker’s reputation, thereby still running afoul of the Lanham Act’s anti-dilution provisions. The amended order follows the Supreme Court’s decision ending the application of the more liberal Rogers First Amendment test in trademark cases involving expressive works used as source identifiers. In doing so, while finding that the parody of the “Bad Spaniels” dog toy decreased the likelihood of confusion with Jack Daniel’s by modifying the analysis of certain factors in a light more favorable to VIP, the district court ultimately found VIP’s parody of the famous whiskey brand to be a double-edged sword that contributed to finding dilution by tarnishment.

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  • Posted in:
    Communications, Media & Entertainment
  • Blog:
    Internet & Social Media Law Blog
  • Organization:
    Pillsbury Winthrop Shaw Pittman LLP
  • Article: View Original Source

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