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Jack Daniel’s Properties, Inc. v. VIP Products LLC

Docket No. Op. Below Argument Opinion Vote Author Term
22-148 9th Cir. TBD TBD TBD TBD OT 2022

Issues: (1) Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, 15 U.S.C. § 1125(a)(1), or instead receives heightened First Amendment protection from trademark-infringement claims; and (2) whether humorous use of another’s mark as one’s own on a commercial product is “noncommercial” and thus bars as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act, 15 U.S.C. § 1125(c)(3)(C).

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 05 2022Petition for a writ of certiorari filed. (Response due September 16, 2022)
Sep 08 2022Motion to extend the time to file a response from September 16, 2022 to October 17, 2022, submitted to The Clerk.
Sep 09 2022Motion to extend the time to file a response is granted and the time is extended to and including October 17, 2022.
Sep 16 2022Brief amicus curiae of American Intellectual Property Law Association filed.
Sep 16 2022Brief amicus curiae of Campbell Soup Company filed.
Sep 16 2022Brief amicus curiae of Constellation Brands, Inc. filed.
Sep 16 2022Brief amici curiae of American Craft Spirits Association, et al. filed.
Sep 16 2022Brief amicus curiae of the International Trademark Association filed.
Sep 16 2022Brief amicus curiae of Levi Strauss & Co. and Patagonia Inc. filed.
Oct 17 2022Brief of respondent VIP Products LLC in opposition filed.
Nov 01 2022Reply of petitioner Jack Daniel's Properties, Inc. filed. (Distributed)
Nov 02 2022DISTRIBUTED for Conference of 11/18/2022.
Nov 21 2022Petition GRANTED.