Page:Jack Daniel's Properties v. VIP Products.pdf/4

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JACK DANIEL’S PROPERTIES, INC. v. VIP PRODUCTS LLC

Syllabus

that carve-out, parody is exempt from liability only if not used to designate source. The Ninth Circuit’s expansive view of the noncommercial use exclusion—that parody is always exempt, regardless whether it designates source—effectively nullifies Congress’s express limit on the fair-use exclusion for parody. Pp. 19–20.

953 F. 3d 1170, vacated and remanded.

Kagan, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Alito, J., joined. Gorsuch, J., filed a concurring opinion, in which Thomas and Barrett, JJ., joined.