Jack Daniel's Wins Appeal Over Bad Spaniels Dog Toy Trademark Dispute

The U.S. 9th Circuit Court of Appeals overturned a permanent injunction against VIP Products, the maker of the “Bad Spaniels” dog toy that parodies Jack Daniel's Old No. 7 label. The court ruled that the toy’s design and wording – “Bad Spaniels: The Old No. 2 on Your Tennessee Carpet” – do not cause consumer confusion or tarnish the whiskey brand, citing the lack of similarity between a chew toy and a consumable product. The case, which has moved through federal and state courts for more than a decade and was remanded by the Supreme Court in 2023, highlights the protection afforded to parody under U.S. trademark law. Jack Daniel's attorney Matthew Nicholson argued the toy evoked “43% poo by volume, 100% smelly,” but the judges found no evidence of likely confusion.