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

Petition for certiorari denied on January 11, 2021
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.

DateProceedings and Orders (key to color coding)
Sep 15 2020Petition for a writ of certiorari filed. (Response due October 19, 2020)
Oct 07 2020Blanket Consent filed by Petitioner, Jack Daniel's Properties, Inc.
Oct 09 2020Motion to extend the time to file a response from October 19, 2020 to November 18, 2020, submitted to The Clerk.
Oct 13 2020Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2020.
Oct 19 2020Brief amicus curiae of Alcohol Beverage Industry Associations filed.
Oct 19 2020Brief amicus curiae of International Trademark Association filed.
Oct 19 2020Brief amicus curiae of The Intellectual Property Law Association of Chicago filed.
Oct 19 2020Brief amicus curiae of Campari America LLC filed.
Oct 19 2020Brief amicus curiae of Constellation Brands, Inc. filed.
Oct 19 2020Brief amicus curiae of Campbell Soup Company filed.
Nov 10 2020Motion to extend the time to file a response from November 18, 2020 to December 18, 2020, submitted to The Clerk.
Nov 16 2020Motion 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 2020Brief amicus curiae of Trademark Law Professors filed.
Dec 16 2020Brief of respondent VIP Products LLC in opposition filed. (Distributed)
Dec 21 2020Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed.
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020Reply of petitioner Jack Daniel's Properties, Inc. filed. (Distributed)
Jan 11 2021Petition DENIED.