Parody generally is protected as nominative fair use, provided the use is not misleading. Reviews, commentaries, and parodies are usually nominative fair use. Parody might not be fair use, however, if it creates a likelihood of confusion as to the source of a product or service. In Jack Daniel’s Properties v. VIP Products , the United States Supreme Court held that if a trademark is used in parody goods as a source identifier, it may not be protected as fair use. Minnesota attorney Thomas James explains the First Amendment ramifications of this decision in “Balancing the First Amendment on Whiskey and Dog Toys ” (Cokato Copyright Attorney, May 4, 2023).