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Jack Daniel’s Ruling Raises Bar for Trademark Tarnishment Claims

A federal appeals court said Jack Daniel’s can’t stop the maker of the “Bad Spaniels” dog toy from selling the bottle-shaped parody, ruling the whiskey maker failed to show the toy was likely to tarnish its famous trademarks.

8 minute read September 01, 2026 at 01:26 AM
By
Laura Lorek
Jack Daniel’s Ruling Raises Bar for Trademark Tarnishment Claims

It appears that a trademark suit that has been going on for a decade, and that has been covered in The Intellectual Property Strategist since 2003, has finally come to a conclusion.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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