Supreme Court of the United States
Jack Daniel's Properties, Inc. v. VIP Products LLC
June 8, 2023599 U.S. 140
Summary
The Supreme Court held that the Rogers test does not apply when a defendant uses a trademark as a source identifier, so infringement must be analyzed under the ordinary likelihood‑of‑confusion standard, and that the Lanham Act’s noncommercial‑use exclusion does not shield a parody that uses a famous mark to identify the source of the defendant’s own goods. The Court vacated the Ninth Circuit’s judgment and remanded for further proceedings.