At our webinar, "Trademarks & The First Amendment," featuring litigators Lisa Tittemore and Katherine Soule, we promised to provide an update regarding the status of the injunction in the VIP Products v. Jack Daniel’s case.
On February 28, Senior Judge Stephen McNamee in the United States District Court for the District of Arizona issued a Permanent Injunction and Final Judgment, enjoining VIP from engaging in the following conduct in the United States: sourcing, manufacturing, advertising, promoting, displaying, shipping, importing, offering for sale, selling, or distributing, the Bad Spaniels dog toy, as depicted below.
Judge McNamee ordered:
· By no later than April 19, 2025, VIP shall remove from public viewing in the United States any and all catalogues, website pages, literature, brochures, business cards, promotional materials, advertising, T-shirts, and any other goods, products, and materials depicting or bearing any other reference to VIP’s Bad Spaniels product.
· By no later than May 19, 2025, VIP shall file with the Court a report, in writing, under oath, setting forth in detail the manner and form in which it has complied with the injunction.
· With the exception of any motion Jack Daniel's may elect to file for attorneys’ fees and of any bill of costs to be settled by the Clerk of Court, the Permanent Injunction and Final Judgment disposes of all claims and counterclaims in the case with prejudice and terminates the case.
The Court retains jurisdiction over the case to ensure that the terms and conditions of the Permanent Injunction and Final Judgment are honored and enforced. The parties have a deadline of March 31, 2025, to appeal the judgment to the Ninth Circuit. You can view the webinar here or and the slides here.
