Amicus Brief

Case No. 22-148, Jack Daniel’s Properties, Inc. v. VIP Products LLC

Published: January 27, 2023

Court

United States Supreme Court

Our Position

The Court should reverse the Ninth Circuit’s application of the test set forth in Rogers v. Grimaldi to the Respondent’s dog toy. To the extent the Court adopts Rogers or another test for applying heightened First Amendment protections to expressive works, the Court should adopt a definition for what constitutes an “expressive work.” Specifically, “expressive works” are those products in which expression is inextricable from the product itself, meaning that if all expression is removed from the product, the product ceases to be the same genus of product.

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