Jack Daniel’s Trade Dress Diluted But Not Infringed by Dog Toy

Jack Daniel’s Properties Inc. secured a partial victory in a case revived by the US Supreme Court when an Arizona federal judge ruled a “Bad Spaniels” dog toy diluted its trade dress but didn’t infringe it.

VIP Products LLC’s rubber chew toy replicating the iconic shape of a Jack Daniel’s whiskey bottle with dog poop jokes on its label wouldn’t likely confuse consumers, the US District Court for the District of Arizona said. But it would likely hurt the brand by creating negative associations of Jack Daniel’s whiskey with dog feces under a law that bars dilution by tarnishing famous ...