Ninth Circuit expands application of the Rogers test for parody works to consumer product dog toy imitating Jack Daniel's whiskey bottle, remands to District Court to apply test before determining trade dress infringement.
VIP Prods. LLC v. Jack Daniel’s Properties, Inc. , No. 18-16012 (9th Cir. Mar. 31, 2020) Topic: Trademark Infringement, Parodies The panel affirmed in part, vacated in part, and reversed in part the district court’s judgment after a bench trial and permanent injunction in favor of Jack Daniel’s Properties, Inc., in a trademark suit brought by VIP Products, LLC, concerning VIP’s “Bad Spaniels Silly Squeaker” dog toy, which resembled a bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey but had light-hearted, dog-related alterations. The panel affirmed the district court’s summary judgment in favor of Jack Daniel’s on the issues of aesthetic functionality and distinctiveness. The panel held that the district court correctly found that Jack Daniel’s trade dress and bottle design were distinctive and aesthetically nonfunctional, and thus entitled to trademark protection. Accordingly, the district court correctly rejected VIP’s request for cancellation of...