“Jack Daniel’s”

IIC https://doi.org/10.1007/s40319-023-01389-6 DECISION • TRADE MARK LAW United States of America ‘‘Jack Daniel’s’’ Decision of the Supreme Court of the United States 8 June 2023 – Case No. 22-148 Jack Daniel’s Properties, Inc. v. VIP Products LLC Lanham Act, §§ 1114(1)(A), 1125  Max Planck Institute for Innovation and Competition, Munich 2023 Keywords Likelihood of confusion
Famous mark
Dilution
Infringement
Parody
Fair use
Dog toys
Whiskey
Bad Spaniels
Rogers test
First Amendment
Tarnishment 1. When an alleged infringer uses a trademark as a designation of source for the infringer’s own goods, the Rogers test does not apply. 2. When a mark is used as a source identifier, the First Amendment does not demand a threshold inquiry. 3. The Lanham Act’s exclusion from dilution liability for ‘‘any noncommercial use of a mark’’ does not shield parody, criticism, or commentary when an alleged diluter uses a mark as a designation of source for its own goods. 4. Parody is exempt from liability only if not used to designate source. Publisher’s Note Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Available at https://www.supremecourt.gov. 123  (...truncated)