|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-365||9th Cir.||N/A||N/A||N/A||N/A||OT 2020|
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.
|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.|
|Nov 10 2020||Motion to extend the time to file a response from November 18, 2020 to December 18, 2020, submitted to The Clerk.|
|Nov 16 2020||Motion to extend the time to file a response is granted in part; the time is extended by agreement of the parties to and including December 16, 2020.|
|Dec 16 2020||Brief amicus curiae of Trademark Law Professors filed.|
|Dec 16 2020||Brief of respondent VIP Products LLC in opposition filed. (Distributed)|
|Dec 21 2020||Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed.|
|Dec 23 2020||DISTRIBUTED for Conference of 1/8/2021.|
|Dec 23 2020||Reply of petitioner Jack Daniel's Properties, Inc. filed. (Distributed)|
|Jan 11 2021||Petition DENIED.|
Wait wut.. RBG ghost-wrote the equal protection bits of Obergefell?!
And I learned this on @SCOTUSblog’s TikTok?! https://www.tiktok.com/@scotusblog/video/6922179577724931333
"This is not our first commission rodeo” says Levy. 😉
Love this write up of the @BrookingsInst's panel yesterday with @Susan_Hennessey, @danepps,@cdkang76, and @mollyereynolds.
Thanks, @SCOTUSblog and Kalvis Golde!
Spilling SCOTUS tea on TikTok today. Well, actually, @eskridgebill spilled the tea, we just tok’d about it. 🍵
The Supreme Court got rid of several cases this morning -- in one fell swoop. Read @AHoweBlogger's latest coverage of the emoluments cases, spiritual advisers at Texas executions, Texas abortion policies, COVID restrictions, and NY political corruption.
Justices vacate rulings on Trump and emoluments - SCOTUSblog
The Supreme Court on Monday morning released orders from the justices’ private conference on Friday, Jan. 22. The justices once again did not ac...
In this morning's orders list, SCOTUS took no action on pending cert petitions involving:
- Mississippi's near-ban on abortions after 15 weeks,
- a Trump rule banning Title X clinics from providing abortion referrals,
- the Trump administration's "public charge" immigration rule.
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