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

(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.