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
Timing
Decided June 8, 2023
The Court released its decision 78 days after oral argument on March 22, 2023. The median for cases argued in March is 83 days.
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