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Everyone loves parody products, those clever almost-branded gifts that draw in a customer, whether online or in a brick-and-mortal store. Everyone, that is, except the trademark owner. In a recent trademark case, the U.S. Supreme Court made it easier for big brands to enforce their trademarks against joke products.
Last month, in a case “about dog toys and whiskey,” the Supreme Court weakened—but did not eliminate—First Amendment protections for parody use of others’ trademarks (Jack Daniel’s Properties v. VIP Products,— U.S. —, No. 22-148 (2022)).
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