直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

Justices Narrow TM Infringement Carveouts For Parody

June 8, 2023

Law360

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.

Read “Justices Narrow TM Infringement Carveouts For Parody”

Tags

Supreme Court of the United States (SCOTUS)

Related Practices

Global IP Enforcement, Litigation, and Trials

Trademark Litigation and Trials

Related Offices

Washington, DC

Related Professionals

Mark Sommers
Partner
Washington, DC
+1 202 408 4064
Email

Related News

Press Release

Finnegan Secures Summary Determination of No Violation in ITC Vehicle Space Guards Investigation for Drop Stop

October 6, 2026

Press Release

Finnegan Wins 2026 Excellence in Construction Award for Washington, DC Office Renovation

September 25, 2026

Award/Ranking

Finnegan Receives Top Tier Rankings in World Trademark Review’s Inaugural Copyright 1000 2026

September 23, 2026

Press Release

Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower

September 23, 2026

Commentary

FORUM IP Talks: Dr. Jochen Herr on UPC, FRAND, and Cross-Border Enforcement Topics

September 20, 2026

Commentary

Pepsi's U.S. Trademark Dispute Could Reshape Brand Choices, Lawsuit Strategy, Lawyers Say

September 17, 2026

Commentary

Jellycat’s ‘Dupe’ Dilemma: Can IP Protect a ‘Cute’ Aesthetic?

September 16, 2026

Commentary

Bloomberg Law Q&A with Finnegan IP Lawyer Christian Hurt

September 11, 2026

Commentary

Finnegan Enters Texas Market with Former USPTO Atty

September 2, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP