Web23 Mar 2024 · Justice Clarence Thomas appeared skeptical of the Rogers test’s viability, questioning Cooper at one point whether he could point to a “textual hook” in the Lanham … WebI am honored to have my commentary, "The Rogers Test Dances Between Trademark Protection Under the Lanham Act and Freedom of Speech Under the First… Liked by Naphtalia Lafontant POV: You’re in ...
Here’s How the Supreme Court Could Impact Creative Trademark …
Web11 Apr 2024 · The Rogers test says an artistic work that uses a trademark that might otherwise violate the Lanham Act isn’t going to infringe unless that user has no artistic relevance to the underlying work or if it has some artistic relevance unless it explicitly misleads about the source or content of the work. The artistic relevance has to be above … Web11 Apr 2024 · The TTAB found that Elster’s proposed trademark was proscribed under section 2(c) of the Lanham Act, which prohibits granting a trademark that “[c] ... District Court Grants Starz, Lions Gate, and 50 Cent Motion to Dismiss Under Rogers Test Over “BMF” Trademark; On June 17, 2024, ... portland st johns bridge
SCOTUS Skeptical that Bad Spaniels is Parody, But Questions …
WebThis article proposes resolving both problems by applying the Rogers test to both Lanham Act and right of publicity claims. In 2013 and 2015, the Ninth Circuit decided two nearly … Web29 Nov 2024 · The Rogers test requires the defendant to first “make a threshold legal showing that its allegedly infringing use is part of an expressive work protected by the First Amendment.” Once this threshold is satisfied, the Lanham Act will not apply unless the plaintiff can establish that “the defendant’s use of the mark (1) is not ... Web24 Jul 2002 · Rogers, 875 F.2d at 1000 (citations omitted). Rogers concluded that literary titles do not violate the Lanham Act “unless the title has no artistic relevance to the underlying work whatsoever, or, if it has some artistic relevance, unless the title explicitly misleads as to the source or the content of the work.” optimum tv basic cable