U.S. Supreme Court

Case Status

Docket Number


2022 Term

Lower Court Opinion

U.S. Court of Appeals for the Ninth Circuit


Questions Presented

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.

Case Updates

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.

Case Documents