Jack Daniels v. VIP Products is out. Not a perfect opinion but a pretty fair one. The court narrows the reach of Rogers, but doesn't eliminate it. Nice concurrence by Justice Sotomayor on the misuse of surveys in trademark cases. Most importantly, the doctrine of trademark use is back!
I don’t think I’ve seen pictures in a #SCOTUS opinion before. Is Jack Daniel’s v VIP Products the first time?
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No, there were even pictures in the copyright case handed down a few weeks ago.
