Jack Daniel's Properties, Inc. v. VIP Products LLC

Jack Daniel's Properties, Inc. v. VIP Products LLC
Argued March 22, 2023
Decided June 8, 2023
Full case nameJack Daniel's Properties, Inc. v. VIP Products LLC
Docket no.22-148
Citations599 U.S. 140 (more)
ArgumentOral argument
Opinion announcementOpinion announcement
Questions presented
1. Whether humorous use of another's trademark as one's own on a commercial product is subject to the Lanham Act's traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark-infringement claims.
2. Whether humorous use of another's mark as one’s own on a commercial product is "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 Trademark Dilution Revision Act.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Amy Coney Barrett · Ketanji Brown Jackson
Case opinions
MajorityKagan, joined by unanimous
ConcurrenceSotomayor, joined by Alito
ConcurrenceGorsuch, joined by Thomas, Barrett
Laws applied
15 U.S.C. § 1125(c)(3)(C)

Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), was a United States Supreme Court case involving parody and trademark law. The case deals with a dog toy shaped similar to a Jack Daniel's whiskey bottle and label, but with parody elements, which Jack Daniel's asserts violates their trademark. The Court unambiguously ruled in favor of Jack Daniel's as the toy company used its parody as its trademark, and leaving the Rogers test on parody intact.