Jack Daniel's Properties v. VIP Products

Jack Daniel's Properties, Inc. v. VIP Products LLC · 2023 · Supreme Court of the United States

What happened

VIP sold a squeaky dog toy shaped like a Jack Daniel's bottle with joke text. The Supreme Court held that the usual likelihood-of-confusion analysis applies when a parody is itself used as a trademark, narrowing the protection humour offers.

The money

No reliable public figure. This dispute matters for the rule it settled rather than for a damages number, and many trademark matters resolve on confidential terms.

What it means for your business

Parody is not a free pass. If you are using someone else's brand as your own source identifier — on packaging, as a product name — the ordinary infringement test applies regardless of the joke.

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