No. 22-148October Term 2022Decided Jun 8, 2023
Jack Daniel's Properties, Inc. v. VIP Products LLC
VIP Products created a dog toy parodying the iconic Jack Daniel's whiskey bottle.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 8, 2023
- What it's about
VIP Products created a dog toy parodying the iconic Jack Daniel's whiskey bottle. The Supreme Court ruled that using another's trademark humorously on a commercial product is subject to standard trademark infringement and dilution analysis rather than receiving automatic First Amendment protection.
Question presented
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"? 2. Whether a commercial product"s use of humor renders the product "noncommercial" under 15 U?
- Case path
United States Court of Appeals for the Ninth Circuit / Decision released Jun 8, 2023
- Area
First Amendment, Business and Regulation
Documents
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology