|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.|
#SCOTUS does not take up 2nd question in the case, on whether to overrule its 2020 decision in McGirt v. Oklahoma. Full order is here: https://www.supremecourt.gov/orders/courtorders/012122zr_3f14.pdf https://twitter.com/AHoweBlogger/status/1484606315519516675
#SCOTUS grants one new case, sets it for argument in April: Oklahoma v. Castro-Huerta, on whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country.
More opinions coming on Monday.
#SCOTUS website indicates that the Court is expected to release more opinions on Monday morning at 10 am.
The next #SCOTUS grants? Kevin McCarthy v. Nancy Pelosi in a fight over congressional proxy voting; the First Amendment-based ministerial exception to employment law returns; nondelegation doctrine (!); and the constitutionality of the FTC's structure.
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more - SCOTUSblog
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming con...
JUST IN: The Supreme Court, over dissents from the three liberal justices, rejects a request from Texas abortion clinics to immediately return the litigation over Texas' six-week abortion law to a federal district court.
The Supreme Court issues a single opinion today, ruling in an 8-1 vote that a criminal defendant's rights were violated under the Sixth Amendment's confrontation clause when the government introduced a plea allocution from another proceeding. https://www.supremecourt.gov/opinions/21pdf/20-637_10n2.pdf
Today at SCOTUS: We expect one or more opinions in argued cases to be issued starting at 10 a.m. EST. At 9:45, we'll fire up our live blog, where we'll also chat about this week's arguments and last night's ruling on Trump records. Grab your ☕️ & join us!
Announcement of opinions for Thursday, Jan. 20 - SCOTUSblog
On Thursday, January 20, we will be live blogging as the court releases opinions in one or more argued cases f...