Bad Spaniels Dilution Ruling Doesn’t Flout Free Speech, US Says

A trademark dilution law Jack Daniel’s Products Inc. cited to win a ban on a poop joke-bearing dog toy spoofing its brand complies with the First Amendment, the US government told the Ninth Circuit in a case on remand from the US Supreme Court.

The prohibition on trademark use that causes negative associations with a famous mark differs from those struck down by the high court on registering vulgar or disparaging marks, the government told the US Court of Appeals for the Ninth Circuit.

Those bans didn’t further traditional trademark purposes, the government said, whereas dilution law reinforces business’ control ...