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The Intellectual Property StrategistFeaturesConstitutional LawIntellectual PropertyTrademarksUnited States Supreme Court

The First Amendment and the Lanham Act At the Supreme Court

By Conor Tucker
May 01, 2023

In March, the Supreme Court heard a blockbuster trademark case with significant implications for trademark law. After argument, reversal seems likely as questioning from the justices suggests that a long-standing precedent is unlikely to survive unscathed. But the Court also indicated concern over the broader implications of this case in the arts, entertainment, and publishing. Significant uncertainty remains regarding how the justices will resolve these tensions. The Court could avoid deciding the First Amendment issue, keep portions of Rogers, abrogate it entirely, or suggest another path. Throughout argument, the justices signaled multiple different — and sometimes competing — potential tests. Here's what you need to know about Jack Daniel's v. VIP Products.

The Dispute

At issue is an alleged parody product made by VIP Products called "Bad Spaniels," shown in the image below next to a bottle of Jack Daniel's whiskey.

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