The United States Supreme Court has issued four new opinions.
In Health and Hospital Corporation of Marion Cty. v. Talevski the court held that the provisions of the Federal Nursing Home Reform Act at issue unambiguously create rights enforceable under 42 U. S. C. §1983, and private enforcement under §1983 is compatible with the FNHRA’s remedial scheme.
In Jack Daniel’s Properties, Inc. v. VIP Products LLC the court held that when a defendant in a trademark suit uses the mark as a designation of source for its own goods or services—i.e., as a trademark—the threshold Rogers test for trademark infringement claims challenging so-called expressive works, see Rogers v. Grimaldi, 875 F. 2d 994, does not apply, and the Lanham Act’s exclusion from liability for “[a]ny noncommerical use of a mark,” §1125(c)(3)(C), does not shield parody, criticism, or commentary from a claim of trademark dilution.
