Can You Copy a Famous Brand’s Trademark if It’s Meant to Be a Parody?
For decades, creators and novelty brands relied on a powerful shield known as the Rogers Test. Under this framework, courts routinely dismissed trademark infringement claims when a parody or other expressive work had artistic relevance and did not explicitly mislead consumers about its source. If a corporate giant threatened to sue, creators could invoke this threshold test to have the case dismissed on First Amendment grounds.
However, in 2023, the United States Supreme Court significantly narrowed that judicial safety net in Jack Daniel’s Properties, Inc. v.
