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

Petition for certiorari denied on January 11, 2021

Docket No. Op. Below Argument Opinion Vote Author Term
20-365 9th Cir. N/A N/A N/A N/A OT 2020

Issue: (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"; and (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/15/2020Petition for a writ of certiorari filed. (Response due October 19, 2020)
10/07/2020Blanket Consent filed by Petitioner, Jack Daniel's Properties, Inc.
10/09/2020Motion to extend the time to file a response from October 19, 2020 to November 18, 2020, submitted to The Clerk.
10/13/2020Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2020.
10/19/2020Brief amicus curiae of Alcohol Beverage Industry Associations filed.
10/19/2020Brief amicus curiae of International Trademark Association filed.
10/19/2020Brief amicus curiae of The Intellectual Property Law Association of Chicago filed.
10/19/2020Brief amicus curiae of Campari America LLC filed.
10/19/2020Brief amicus curiae of Constellation Brands, Inc. filed.
10/19/2020Brief amicus curiae of Campbell Soup Company filed.
11/10/2020Motion to extend the time to file a response from November 18, 2020 to December 18, 2020, submitted to The Clerk.
11/16/2020Motion 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.
12/16/2020Brief amicus curiae of Trademark Law Professors filed.
12/16/2020Brief of respondent VIP Products LLC in opposition filed. (Distributed)
12/21/2020Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed.
12/23/2020DISTRIBUTED for Conference of 1/8/2021.
12/23/2020Reply of petitioner Jack Daniel's Properties, Inc. filed. (Distributed)
01/11/2021Petition DENIED.