Jack Daniel’s Properties Inc. v. VIP Products LLC
Pending petition| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-365 | 9th Cir. | TBD | TBD | TBD | TBD | TBD |
Issues: (1) Whether a commercial product using humor is subject to the same likelihood-of-confusion analysis applicable to other products under the Lanham Act, or must receive heightened First Amendment protection from trademark-infringement claims, where the brand owner must prove that the defendant’s use of the mark either is “not artistically relevant” or “explicitly misleads consumers”; and (2) whether a commercial product’s use of humor renders the product “noncommercial” under 15 U.S.C. § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Lanham Act.
SCOTUSblog Coverage
| Date | Proceedings and Orders |
|---|---|
| Sep 15 2020 | Petition for a writ of certiorari filed. (Response due October 19, 2020) |
| Oct 07 2020 | Blanket Consent filed by Petitioner, Jack Daniel's Properties, Inc. |
| Oct 09 2020 | Motion to extend the time to file a response from October 19, 2020 to November 18, 2020, submitted to The Clerk. |
| Oct 13 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2020. |
| Oct 19 2020 | Brief amicus curiae of Alcohol Beverage Industry Associations filed. |
| Oct 19 2020 | Brief amicus curiae of International Trademark Association filed. |
| Oct 19 2020 | Brief amicus curiae of The Intellectual Property Law Association of Chicago filed. |
| Oct 19 2020 | Brief amicus curiae of Campari America LLC filed. |
| Oct 19 2020 | Brief amicus curiae of Constellation Brands, Inc. filed. |
| Oct 19 2020 | Brief amicus curiae of Campbell Soup Company filed. |
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