[ 12 ] Mattel , Inc . v . MCA Records , Inc ., 296 F . 3d 894 , 900 ( 9th Cir . 2002 ).
[ 13 ] Though the Court does not refer to its opinion in the Andy Warhol copyright infringement case from a few weeks ago , Warhol ' s use of the Campbell ' s Soup trademark in his paintings of soup cans seems to be a fitting ( and timely ) example . See Andy Warhol Foundation for the Visual Arts , Inc . v . Goldsmith , 143 S . Ct . 1258 , 1281 ( 2023 ) (" The purpose of Campbell ' s logo is to advertise soup . Warhol ' s canvases do not share that purpose . Rather , the Soup Cans series uses Campbell ' s copyrighted work for an artistic commentary on consumerism , a purpose that is orthogonal to advertising soup ."); see also Jonathon K . Hance and Drew Taggart , Warhol Decision May Lead to Copyright Licensing Spike .
[ 14 ] Jack Daniel ' s , 2023 WL 3872519 , at * 10 . [ 15 ] Id . [ 16 ] Diece-Lisa Indus ., Inc ., v . Disney Enters , Inc ., 2021 WL 3355284 , at * 3 ( 9th Cir . 2021 ). [ 17 ] Jack Daniel ' s , 2023 WL 3872519 , at * 12 [ 18 ] Id .