Jack Daniel's and the Unfulfilled Promise of Trademark Use

Authors

• Stacey Dogan, Boston University School of Law
• Jessica Silbey, Boston University School of Law

Abstract

The article examines the Supreme Court's decision in Jack Daniel's v. VIP Products and its implications for the use of trademarks in artistic and expressive works. The Court's ruling established a "trademark use" doctrine, distinguishing between uses of trademarks as a designation of source for goods and non-trademark, expressive uses. While the decision does not overturn the Rogers v. Grimaldi test, it creates uncertainty in applying Rogers to expressive works, leading to inconsistent lower court decisions and threatening First Amendment protections for creative uses of trademarks.

Disciplines

Antitrust and Trade Regulation | Entertainment, Arts, and Sports Law | First Amendment | Intellectual Property Law | Law

Recommended Citation

Stacey Dogan & Jessica Silbey, Jack Daniel's and the Unfulfilled Promise of Trademark Use, 42 Cardozo Arts & Ent. L.J. 705 (2024).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol42/iss3/8