The Role of Confusion in the Lanham Act

In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the Supreme Court is considering "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; and (2) whether humorous use of another’s mark as one’s own on a commercial product is “noncommercial” and thus bars as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act."

Following oral arguments in the case, IP expert Adam Mathews joined us to break down the case and answer audience questions.

Featuring:
--Adam Mathews, State Representative, Ohio, and Attorney, Ashbrook Byrne Kresge