Jack Daniel’s Properties Inc. v. VIP Products LLC
Petition for certiorari denied on January 11, 2021
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 (key to color coding) |
|---|
| 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. |
