Revived Jack Daniel’s Dog Toy Case Sent Back to District Court

Aug. 15, 2023, 7:00 PM UTC

Jack Daniel’s Properties Inc. convinced the Ninth Circuit to send its trademark case over a “Bad Spaniels” dog toy back to district court after the Supreme Court reversed the appeals court’s rejection of the whiskey maker’s claims.

VIP Products LLC argued that the district court already ruled it had infringed Jack Daniel’s trade dress and that the US Court of Appeals for the Ninth Circuit had a full record before it. But the Ninth Circuit, which in June had its free speech-based finding for VIP overturned, instead chose to simply vacate the trial court’s ruling and send the case back ...

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