U.S. Supreme Court
Lower Court Opinion
U.S. Court of Appeals for the Ninth Circuit
I. Whether humorous use of another's trademark as one's own on a commercial product is subject to the Lanham Act's traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark-infringement claims.
2. Whether humorous use of another's mark as one's own on a commercial product is "noncommercial" under 15 U.S.C. § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act.
U.S. Supreme Court holds that the First Amendment does not categorically exempt purportedly humorous trademark infringement from the scope of the Lanham Act, and that the statutory exception to dilution claims for “noncommercial use” does not categorically exempt parody from dilution claims
June 08, 2023
Click here to view the opinion.
U.S. Chamber files coalition brief urging Supreme Court to apply ordinary trademark-infringement and trademark-dilution standards to purportedly humorous unauthorized uses of existing trademarks
January 18, 2023
Click here to view the coalition amicus brief. Gregory G. Garre, Blake E. Stafford, and Jordan R. Goldberg of Latham & Watkins LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.