Ninth Circuit Vacates BAD SPANIELS Injunction Based on Dilution by Tarnishment, Orders Judgment for VIP

In the latest chapter of the long-running BAD SPANIELS case, the U.S. Court of Appeals for the Ninth Circuit has vacated the permanent injunction issued by the Arizona district court, based on dilution by tarnishment, and has remanded the case for entry of judment in favor of VIP Products. The appellate court ruled that "[t]he district court erred in concluding that JDPI met that burden and that…