What the Supreme Courts Jack Daniels Decision Could Mean

Partner Anthony Dreyer and counsel Jordan Feirman discuss Pennsylvania State University v Vintage Brand, LLC. The case presents the first opportunity involving sports trademarks for a court to apply the Supreme Court’s 2022 decision in Jack Daniel's Properties, which held that a heightened trademark infringement standard applied by many courts where trademark uses serve artistic purposes — the Rogers test — does not apply where a defendant uses a trademark as a designation of source for the infringer's own goods.