Jack Daniel’s Properties, Inc. v. VIP Products LLC, No. 22-148 (June 8, 2023) (9-0, Opinion by Justice Kagan) | Download PDF

Key point(s):

• When an alleged infringer uses a trademark as a designation of source for the infringer’s own goods, the Rogers test does not apply. (Rogers v. Grimaldi, 875 F. 2d 994 (2nd Cir))
• The Lanham Act’s exclusion from dilution liability for “[a]ny non-commercial use of a mark,” does not shield parody, criticism, or commentary when an alleged diluter uses a mark as a designation of source for its own goods. §1125(c)(3)(C).