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VIP PRODUCTS LLC v. JACK DANIEL'S PROPERTIES, INC.

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.

OPINION

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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