Close

Articles Posted in Rogers test

Updated:

SCOTUS Holds Rogers Test Is All Bark and No Bite in Jack Daniel’s Trademark Suit Against Dog Toy Maker

On June 8, 2023, a unanimous U.S. Supreme Court resolved the petition in Jack Daniel’s Properties, Inc. v. VIP Products LLC with two narrow holdings: (1) the threshold trademark infringement test espoused by the Second Circuit in Rogers v. Grimaldi for “expressive” works does not apply to allegedly infringing trademark…