Results for First Amendment infringement protections; Rogers test; Fair-use; Non-commercial use

Jack Daniel’s Properties, INC. v. VIP Products LLC

Case Number: CLB0523

Date: 06.08.2023

1. The First Amendment does not protect the use of a trademark which is used as source identification for a good or service, instead the likelihood of confusion test is generally applied.
2. The Lanham Act’s exclusion from dilution liability for “any non-commercial use of a mark” does not shield an infringer when they use the mark as a designation of source for its goods.

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