Jack Daniel’s Dilution Win Over Toy Draws 9th Cir. Pushback (1)

Jack Daniel’s Properties Inc. faced a Ninth Circuit panel skeptical of a lower court’s finding that a whiskey bottle-shaped dog toys’ poop puns tarnished the whiskey giant’s trademarks.

VIP Products LLC tried to convince the judges during oral arguments Wednesday at the US Court of Appeals for the Ninth Circuit that its “Bad Spaniels” dog toy’s comedic fecal references didn’t create an association with Jack Daniel’s.

The judges prodded over whether Jack Daniel’s established the fame required for a dilution finding of the entire trade dress or merely the name of the whiskey. They also expressed doubt about the evidence ...