Jack Daniel’s parody ruling raises trademark tarnishment bar in Ninth Circuit
By Steve Scherer ( August 13, 2026, 20:46 GMT | Comment) -- Famous brand owners pursuing trademark dilution claims in the US Court of Appeals for the Ninth Circuit will need to prove both that each individual mark they assert is famous and that the challenged use is likely to damage its reputation, under a ruling arising from Jack Daniel’s long-running fight against a parody dog toy.A decade-long trademark fight over a dog toy that poked scatological fun at Jack Daniel’s has produced a ruling that could make dilution-by-tarnishment claims harder for famous brand owners to prove in the US Court of Appeals for the Ninth Circuit, particularly when the challenged product is an obvious parody....
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