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1.
When an alleged infringer uses a trademark as a designation of source for the infringer’s own goods, the Rogers test does not apply.
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2.
When a mark is used as a source identifier, the First Amendment does not demand a threshold inquiry.
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3.
The Lanham Act’s exclusion from dilution liability for “any non-commercial use of a mark” does not shield parody, criticism, or commentary when an alleged diluter uses a mark as a designation of source for its own goods.
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4.
Parody is exempt from liability only if not used to designate source.
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Jack Daniel’s Properties, Inc. v. VIP Products LLC Lanham Act, §§ 1114(1)(A), 1125. “Jack Daniel’s”. IIC 54, 1614 (2023). https://doi.org/10.1007/s40319-023-01389-6
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DOI: https://doi.org/10.1007/s40319-023-01389-6