John Strand Quoted by Bloomberg Law on Ninth Circuit’s Jack Daniel’s Dog Toy Ruling

John Strand was quoted by Bloomberg Law in an article titled “Jack Daniel’s Dog Toy Tarnishment Ruling Raises Dilution Bar.” This article discusses the Ninth Circuit’s ruling that Jack Daniel’s Properties failed to tie VIP Products’ “Bad Spaniels” parody dog toy to a negative association with the whiskey brand, setting a higher evidentiary bar for trademark dilution-by-tarnishment claims.

John explains that he sees the ruling as reinforcing a high burden for dilution claims rather than creating a new one, and notes what it means for parody going forward: the Ninth Circuit made clear that parody can still factor into a dilution analysis even when a defendant uses the accused mark as a source-identifying mark. Read more.

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