Question Presented (from Petition)
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.S.C. § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Lanham Act.
Question Presented (AI Summary)
Whether a commercial product using humor is subject to the same analysis under the Lanham Act or must receive heightened First Amendment protection
2020-12-23
Reply of petitioner Jack Daniel's Properties, Inc. filed. (Distributed)
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-21
Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed.
2020-12-16
Brief of respondent VIP Products LLC in opposition filed. (Distributed)
2020-12-16
Brief amicus curiae of Trademark Law Professors filed.
2020-11-16
Motion to extend the time to file a response is granted in part; the time is extended by agreement of the parties to and including December 16, 2020.
2020-11-10
Motion to extend the time to file a response from November 18, 2020 to December 18, 2020, submitted to The Clerk.
2020-10-19
Brief amicus curiae of Campbell Soup Company filed.
2020-10-19
Brief amicus curiae of Constellation Brands, Inc. filed.
2020-10-19
Brief amicus curiae of Campari America LLC filed.
2020-10-19
Brief amicus curiae of The Intellectual Property Law Association of Chicago filed.
2020-10-19
Brief amicus curiae of International Trademark Association filed.
2020-10-19
Brief amicus curiae of Alcohol Beverage Industry Associations filed.
2020-10-13
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2020.
2020-10-09
Motion to extend the time to file a response from October 19, 2020 to November 18, 2020, submitted to The Clerk.
2020-10-07
Blanket Consent filed by Petitioner, Jack Daniel's Properties, Inc.
2020-09-15
Petition for a writ of certiorari filed. (Response due October 19, 2020)