The maker of a dog toy shaped like a Jack Daniel’s bottle featuring scatological humor appealed a finding it tarnished the whiskey brand’s trade dress to the Ninth Circuit.
After the US Supreme Court revived Jack Daniel’s Properties Inc.'s lawsuit, VIP Products LLC couldn’t escape a tarnishment finding in the US District Court for the District of Arizona. The court also ruled VIP had waived its constitutional challenge to the Lanham Act’s dilution-by-tarnishment provision by not including or adding it to its complaint.
The US Court of Appeals for the Ninth Circuit will now consider whether VIP illegally harmed the ...
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