In Jack Daniel’s Properties v. VIP Products LLC, 599 U.S. ____ (2023), the U.S. Supreme Court unanimously found that when an alleged trademark infringer uses the mark as a designation of source for its own goods or services the threshold test for expressive works established in Rogers v. Grimaldi, 875 F. 2d 99 (1989) does not apply. The Court further held and the Lanham Act’s exclusion from liability for “[a]ny noncommerical use of a mark” does not shield parody, criticism, or commentary from a claim of trademark dilution.
