The U.S. Supreme Court’s ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC, has provided clarity on the line between trademark and First Amendment rights. The court unanimously ruled that if an entity’s use of a “parody” is a trademark, then it doesn’t pass the test to evaluate whether free speech can be invoked to dodge a Lanham Act infringement claim.
Finnegan partner Mark Sommers told Law360 that having such a "bright-line rule" with a "practical approach" was a relief given that the court could have gone in several directions.
The justices were "not blind to the fact that they weren't dealing" with the test itself, Mark said. He noted that Justice Neil Gorsuch had acknowledged that exact concern in a concurring opinion, telling district courts to be careful when reviewing the Rogers test and tuned into how it will be interpreted.
Media Mention
Finnegan Shortlisted for the 2024 Asian Legal Business Japan Law Awards
April 26, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
Award/Ranking
Managing IP Americas Awards 2024: Finnegan Shortlisted for Nine Awards, Including Firm of the Year
March 12, 2024
Commentary
February 29, 2024
Press Release
Finnegan Secures Another Patent Victory for BMW Group in the District of Delaware
February 27, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.