Trademark Fair Use Is No Joke

Authors

• Christine Haight Farley, American University Washington College of Law

Abstract

The article critiques the Supreme Court's decision in Jack Daniel's Properties v. VIP Products, arguing that the Court missed an opportunity to clarify the relationship between trademark law and the First Amendment. While the Court acknowledged the importance of protecting parodies, it failed to develop a comprehensive framework for balancing trademark rights with free speech. Instead, it introduced a narrow rule that limits the application of the Rogers test, potentially undermining speech protections in trademark disputes. The article contends that the Court's reliance on the likelihood of confusion test is insufficient to address the broader First Amendment implications of trademark law.

Disciplines

Constitutional Law | Courts | Entertainment, Arts, and Sports Law | First Amendment | Intellectual Property Law | Law

Recommended Citation

Christine H. Farley, Trademark Fair Use Is No Joke, 42 Cardozo Arts & Ent. L.J. 725 (2024).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol42/iss3/9