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ARTICLE · 18 SEPTEMBER 2026

The Final (?) Word: “Bad Spaniels” Stands

Marks Gray
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After 12 years of litigation, the Ninth Circuit has finally ruled in the epic trademark dispute between Jack Daniel's and VIP Products over the "Bad Spaniels" dog toy parody. The court's decision establishes crucial new standards for proving dilution by tarnishment, requiring brand owners to demonstrate mark-specific fame and actual reputational harm rather than relying on offensive associations alone.

United StatesIntellectual Property
Crystal T. Broughan
Crystal T. Broughan

In the world of trademark law, few disputes have logged as many miles or generated as much legal debate as the epic saga between liquor titan Jack Daniel’s and novelty toy maker VIP Products.

Three years ago, the U.S. Supreme Court weighed in to clarify how parody interacts with trademark infringement, sending the case back down to a district court. There, Jack Daniel’s was granted a permanent injunction on the grounds that associating a beverage with dog feces inherently tarnished the famous brand.

However, VIP Products appealed, and in an August 2026 decision, the Ninth Circuit vacated that injunction. Why? They ruled that Jack Daniel’s failed to prove that the squeaky dog toy diluted or tarnished the famous whiskey brand’s reputation.

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