Case Explained: VIP PRODUCTS, LLC V. JACK DANIEL’S PROPERTIES, INC.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-04 Docket: 2:14-cv-02057- The ninth-circuit vacated the district court’s permanent injunction in favor of Jack Daniel’s Properties, Inc., and remanded for entry of judgment in favor of VIP Products, LLC, on the claim of trademark dilution by tarnishment under the Trademark Dilution Revision Act. The panel held that to establish dilution by tarnishment, a plaintiff must prove that its mark is famous, the allegedly diluting mark is similar, and the junior mark creates a mental association likely to damage the famous mark’s reputation. The court concluded that Jack Daniel’s failed to meet this burden because it proved fame only for the “Jack Daniel’s” mark and its trade dress, not for “Old No. 7.” Furthermore, neither the “Bad Spaniels” mark nor the toy’s trade dress was facially tarnishing, and the plaintiff’s expert testimony regarding reputational harm was deemed speculative conjecture that ignored the product’s obvious parodic nature. Consequently, Jack Daniel’s did not demonstrate a likelihood of dilution by tarnishment. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.