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Jack Daniel’s Properties, Inc. v. VIP Products LLC

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Docket No. Op. Below Argument Opinion Vote Author Term
22-148 9th Cir. Mar 22, 2023
 Jun 8, 2023 9-0 Kagan OT 2022

Holding: When a defendant in a trademark suit uses the mark as a designation of source for its own goods or services — i.e., as a trademark — the threshold Rogers test for trademark infringement claims challenging so-called expressive works, see Rogers v. Grimaldi, does not apply, and the Lanham Act’s exclusion from liability for “[a]ny noncommerical use of a mark” does not shield parody, criticism, or commentary from a claim of trademark dilution.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on June 8, 2023. Justice Sotomayor filed a concurring opinion, in which Justice Alito joined. Justice Gorsuch filed a concurring opinion, in which Justices Thomas and Barrett joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 05 2022Petition for a writ of certiorari filed. (Response due September 16, 2022)
Sep 08 2022Motion to extend the time to file a response from September 16, 2022 to October 17, 2022, submitted to The Clerk.
Sep 09 2022Motion to extend the time to file a response is granted and the time is extended to and including October 17, 2022.
Sep 16 2022Brief amicus curiae of American Intellectual Property Law Association filed.
Sep 16 2022Brief amicus curiae of Campbell Soup Company filed.
Sep 16 2022Brief amicus curiae of Constellation Brands, Inc. filed.
Sep 16 2022Brief amici curiae of American Craft Spirits Association, et al. filed.
Sep 16 2022Brief amicus curiae of the International Trademark Association filed.
Sep 16 2022Brief amicus curiae of Levi Strauss & Co. and Patagonia Inc. filed.
Oct 17 2022Brief of respondent VIP Products LLC in opposition filed.
Nov 01 2022Reply of petitioner Jack Daniel's Properties, Inc. filed. (Distributed)
Nov 02 2022DISTRIBUTED for Conference of 11/18/2022.
Nov 21 2022Petition GRANTED.
Nov 28 2022Motion for an extension of time to file the briefs on the merits filed.
Dec 02 2022Blanket Consent filed by Petitioner, Jack Daniel's Properties, Inc.
Dec 06 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 11, 2023. The time to file respondent's brief on the merits is extended to and including February 16, 2023.
Jan 11 2023Brief of petitioner Jack Daniel's Properties, Inc. filed.
Jan 11 2023Joint appendix filed. (Statement of costs filed)
Jan 18 2023Brief amicus curiae of NIKE, Inc. filed.
Jan 18 2023Brief amici curiae of American Craft Spirits Association, et al. filed.
Jan 18 2023Brief amicus curiae of Intellectual Property Owners Association filed.
Jan 18 2023Brief amicus curiae of United States filed.
Jan 18 2023Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jan 18 2023Brief amicus curiae of Motion Picture Association, Inc. in support of neither party filed.
Jan 18 2023Brief amici curiae of Intellectual Property Professors, et al. in support of neither party filed.
Jan 18 2023Brief amici curiae of Scholars, Former Judges, and Former Government Officials filed.
Jan 18 2023Brief amicus curiae of The International Trademark Association in support of neither party filed.
Jan 18 2023Brief amicus curiae of Campari America LLC filed.
Jan 18 2023Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Jan 18 2023Brief amicus curiae of Constellation Brands, Inc filed.
Jan 18 2023Brief amici curiae of Levi Strauss & Co., et al. filed.
Jan 18 2023Brief amicus curiae of Campbell Soup Company filed.
Jan 18 2023Brief amicus curiae of American Intellectual Property Law Association filed.
Jan 18 2023Brief amici curiae of American Apparel & Footwear Association, et al. filed.
Jan 31 2023SET FOR ARGUMENT on Wednesday, March 22, 2023.
Feb 03 2023Record requested from the U.S.C.A. for the Ninth Circuit.
Feb 03 2023All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Arizona were transmitted electronically.
Feb 13 2023CIRCULATED
Feb 16 2023Brief of respondent VIP Products LLC filed. (Distributed)
Feb 20 2023Motion for Leave to File One Packet of Crayola Colored Pencils of MSCHF Product Studio, Inc. not accepted for filing. (February 28, 2023)
Feb 21 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Feb 22 2023Brief amicus curiae of Professor Andrew C. Michaels filed. (Distributed)
Feb 22 2023Brief amici curiae of Dan McCall, et al. filed. (Distributed)
Feb 23 2023Brief amici curiae of Authors Alliance and ComicMix filed. (Distributed)
Feb 23 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed. (Distributed)
Feb 23 2023Brief amici curiae of 30 Trademark Law Professors filed. (Distributed)
Feb 23 2023Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Feb 23 2023Amicus brief of MSCHF Product Studio, Inc. not accepted for filing. (February 28, 2023--Corrected brief and PDF to be submitted.)
Feb 23 2023Motion of Motion Picture Association, Inc. for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Feb 23 2023Brief amici curiae of First Amendment Professors filed. (Distributed)(Mar. 2, 2023)
Feb 23 2023Brief amicus curiae of MSCHF Product Studio, Inc. filed.(Mar.6, 2023) (Distributed)
Feb 27 2023Opposition to motion of Motion Picture Association, Inc. filed by petitioner.
Mar 06 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Mar 06 2023Motion of Motion Picture Association, Inc. for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument DENIED.
Mar 10 2023Reply of petitioner Jack Daniel's Properties, Inc. filed. (Distributed)
Mar 22 2023Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Bennett E. Cooper, Phoenix, Ariz.
Jun 08 2023Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Alito, J., joined. Gorsuch, J., filed a concurring opinion, in which Thomas and Barrett, JJ., joined.
Jul 10 2023Judgment issued.