Jeff Wakolbinger shares insights on Ninth Circuit case with World Trademark Review

Jeff Wakolbinger, a partner in BCLP's Intellectual Property and Technology Disputes practice, recently spoke with World Trademark Review about Jack Daniel’s v. VIP Products, a dispute that has lasted nearly 12 years.

The case centers on VIP Product's "Bad Spaniels Silly Squeaker," a chewable dog toy designed to look like a bottle of Jack Daniel's whiskey incorporating a healthy dose of canine potty humor. The Ninth Circuit ruled that the whiskey maker failed to prove trademark dilution by tarnishment in relation to the dog toy.

In the article, Jeff shared his insights on the case, noting that the ruling "makes dilution by tarnishment a very difficult claim to prove" but highlighting that dilution by blurring remains an important claim for owners of truly famous marks.