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

Docket No.	Argument	Opinion	Vote	Author	Term
22-148	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

Jack Daniel's wins big in challenge to spoofing Bad Spaniels dog toy (Ronald Mann, June 9, 2023)
Justices appear sympathetic to Jack Daniels in trademark parody dispute (Ronald Mann, March 23, 2023)
Dog toy poking fun at Jack Daniels leads to dispute over parody exception to trademark protections (Ronald Mann, March 20, 2023)
Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
Justices fetch new case on trademark law and parody (James Romoser, November 21, 2022)
Two petitions probe permissible evidence in convictions and sentencing (Kalvis Golde, September 2, 2022)

Date	Proceedings and Orders (key to color coding)
08/05/2022	Petition for a writ of certiorari filed. (Response due September 16, 2022)
09/08/2022	Motion to extend the time to file a response from September 16, 2022 to October 17, 2022, submitted to The Clerk.
09/09/2022	Motion to extend the time to file a response is granted and the time is extended to and including October 17, 2022.
09/16/2022	Brief amicus curiae of American Intellectual Property Law Association filed.
09/16/2022	Brief amicus curiae of Campbell Soup Company filed.
09/16/2022	Brief amicus curiae of Constellation Brands, Inc. filed.
09/16/2022	Brief amici curiae of American Craft Spirits Association, et al. filed.
09/16/2022	Brief amicus curiae of the International Trademark Association filed.
09/16/2022	Brief amicus curiae of Levi Strauss & Co. and Patagonia Inc. filed.
10/17/2022	Brief of respondent VIP Products LLC in opposition filed.
11/01/2022	Reply of petitioner Jack Daniel's Properties, Inc. filed. (Distributed)
11/02/2022	DISTRIBUTED for Conference of 11/18/2022.
11/21/2022	Petition GRANTED.
11/28/2022	Motion for an extension of time to file the briefs on the merits filed.
12/02/2022	Blanket Consent filed by Petitioner, Jack Daniel's Properties, Inc.
12/06/2022	Motion 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.
01/11/2023	Brief of petitioner Jack Daniel's Properties, Inc. filed.
01/11/2023	Joint appendix filed. (Statement of costs filed)
01/18/2023	Brief amicus curiae of NIKE, Inc. filed.
01/18/2023	Brief amici curiae of American Craft Spirits Association, et al. filed.
01/18/2023	Brief amicus curiae of Intellectual Property Owners Association filed.
01/18/2023	Brief amicus curiae of United States filed.
01/18/2023	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
01/18/2023	Brief amicus curiae of Motion Picture Association, Inc. in support of neither party filed.
01/18/2023	Brief amici curiae of Intellectual Property Professors, et al. in support of neither party filed.
01/18/2023	Brief amici curiae of Scholars, Former Judges, and Former Government Officials filed.
01/18/2023	Brief amicus curiae of The International Trademark Association in support of neither party filed.
01/18/2023	Brief amicus curiae of Campari America LLC filed.
01/18/2023	Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
01/18/2023	Brief amicus curiae of Constellation Brands, Inc filed.
01/18/2023	Brief amici curiae of Levi Strauss & Co., et al. filed.
01/18/2023	Brief amicus curiae of Campbell Soup Company filed.
01/18/2023	Brief amicus curiae of American Intellectual Property Law Association filed.
01/18/2023	Brief amici curiae of American Apparel & Footwear Association, et al. filed.
01/31/2023	SET FOR ARGUMENT on Wednesday, March 22, 2023.
02/03/2023	Record requested from the U.S.C.A. for the Ninth Circuit.
02/03/2023	All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Arizona were transmitted electronically.
02/13/2023	CIRCULATED
02/16/2023	Brief of respondent VIP Products LLC filed. (Distributed)
02/20/2023	Motion for Leave to File One Packet of Crayola Colored Pencils of MSCHF Product Studio, Inc. not accepted for filing. (February 28, 2023)
02/21/2023	Motion 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.
02/22/2023	Brief amicus curiae of Professor Andrew C. Michaels filed. (Distributed)
02/22/2023	Brief amici curiae of Dan McCall, et al. filed. (Distributed)
02/23/2023	Brief amici curiae of Authors Alliance and ComicMix filed. (Distributed)
02/23/2023	Brief amicus curiae of Foundation for Individual Rights and Expression filed. (Distributed)
02/23/2023	Brief amici curiae of 30 Trademark Law Professors filed. (Distributed)
02/23/2023	Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
02/23/2023	Amicus brief of MSCHF Product Studio, Inc. not accepted for filing. (February 28, 2023--Corrected brief and PDF to be submitted.)
02/23/2023	Motion 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.
02/23/2023	Brief amici curiae of First Amendment Professors filed. (Distributed)(Mar. 2, 2023)
02/23/2023	Brief amicus curiae of MSCHF Product Studio, Inc. filed.(Mar.6, 2023) (Distributed)
02/27/2023	Opposition to motion of Motion Picture Association, Inc. filed by petitioner.
03/06/2023	Motion 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.
03/06/2023	Motion 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.
03/10/2023	Reply of petitioner Jack Daniel's Properties, Inc. filed. (Distributed)
03/22/2023	Argued. 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.
06/08/2023	Judgment 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.
07/10/2023	Judgment issued.