Elizabeth Milsark

In March 2023, the Supreme Court reviewed a dispute over whether VIP Products’ “Bad Spaniels Silly Squeaker” chew toy for dogs infringes upon Jack Daniel’s trademark rights. Throughout a nine-year legal disagreement, Jack Daniel’s has held that VIP Products’ dog toy infringes and dilutes its trademark and trade dress, particularly for its “Old No. 7 Brand Tennessee Sour Mash Whiskey.” VIP Products, on the other hand, has maintained its stance that the use of its “Bad Spaniels” name and mark “does not infringe or dilute any claimed trademark rights,” and that the at-issue dog toy bears design elements that “make it clear that the product is a parody.”