US
June 15, 2023
On June 8th, 2023, the Supreme Court of the United States issued a sentence where the application of the so called "Rogers Test" (Rogers v. Grimaldi, 875 F. 2d 994, a threshold test developed by the US Second Circuit with the aim of protecting the freedom of speech rights of the US Constitution´s First Amendment, in a trademark context) has been debated with regard to the application of the trademark law in the United States (Lanham Act).
The dispute has occurred between the entities VIP PRODUCTS, LLC (defendant) and JACK DANIEL'S PROPERTIES INC (plaintiff), as a result of the promotion by VIP PRODUCTS of a chewable toy for dogs, which represents the image of a JACK DANIEL'S whiskey bottle.
The case focuses on the Lanham Act, which prohibits using a trademark that may cause a risk of confusion among consumers, and the US Constitution's First Amendment, which protects forms of parody and satire as necessary elements of freedom of speech.
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