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9th Circ. Questions Jack Daniel's TM Win Over 'Bad Spaniels'

A bottle of Jack Daniel's Tennessee Whiskey is displayed next to a Bad Spaniels dog toy

By Ivan Moreno

A Ninth Circuit panel on Wednesday questioned whether Jack Daniel's proved that any mark beyond its name was famous enough to support a tarnishment ruling against VIP Products' poop-themed "Bad Spaniels" dog toy, while pressing both sides on whether courts should compare the parties' marks alone or also consider the toy's bottle-like design and crude humor.


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