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.
Award/Ranking
Six Finnegan Partners Recognized in the 2026 Lawdragon 500 Leading Global IP Lawyers
June 22, 2026
Commentary
U.S. Judge Rules Forum-Selection Clause Bars Zync from Pursuing ITC Trade Secret Case
June 15, 2026
Award/Ranking
World Trademark Review Recognizes Three Finnegan Partners on its 2026 Global Leaders List
June 24, 2026
Award/Ranking
June 5, 2026
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.