No. 18-16012.

953 F.3d 1170 (2020)

VIP PRODUCTS LLC, an Arizona limited liability company, Plaintiff-Counter-Defendant-Appellant, v. JACK DANIEL'S PROPERTIES, INC., a Delaware corporation, Defendant-Counter-Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2020.

Attorney(s) appearing for the Case

David G. Bray (argued), David N. Ferrucci , and Holly M. Zoe , Dickinson Wright PLLC, Phoenix, Arizona, for Plaintiff-Counter-Defendant-Appellant.

D. Peter Harvey (argued), Harvey & Company, San Francisco, California; Isaac S. Crum , Rusing Lopez & Lizardi PLLC, Tucson, Arizona; for Defendant-Counter-Plaintiff-Appellee.

Before: A. Wallace Tashima, Andrew D. Hurwitz, and Eric D. Miller, Circuit Judges.


VIP Products sells the "Bad Spaniels Silly Squeaker" dog toy, which resembles a bottle of Jack Daniel's Old No. 7 Black Label Tennessee Whiskey, but has light-hearted, dog-related alterations. For example, the name "Jack Daniel's" is replaced with "Bad Spaniels," "Old No. 7" with "Old No. 2," and alcohol...

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