Search for: "Mark S Rogers" Results 81 - 100 of 2,154
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21 Jun 2023, 6:38 am by Eric Goldman
If another’s mark is used within the title or content of an expressive work, the Rogers test prevents a finding of infringement under 15 U.S.C. [read post]
16 Jun 2023, 12:04 pm by Ted Max
”[19] The Supreme Court emphasized that its opinion was narrow and that “[o]n infringement, we hold only that Rogers does not apply when the challenged use of a mark is as a mark” and [o]n dilution, we hold only that the noncommercial exclusion does not shield parody or other commentary when its use of a mark is similarly source-identifying. [read post]
16 Jun 2023, 11:54 am by Ted Max
”[19] The Supreme Court emphasized that its opinion was narrow and that “[o]n infringement, we hold only that Rogers does not apply when the challenged use of a mark is as a mark” and [o]n dilution, we hold only that the noncommercial exclusion does not shield parody or other commentary when its use of a mark is similarly source-identifying. [read post]
16 Jun 2023, 11:46 am by Ted Max
”[19] The Supreme Court emphasized that its opinion was narrow and that “[o]n infringement, we hold only that Rogers does not apply when the challenged use of a mark is as a mark” and [o]n dilution, we hold only that the noncommercial exclusion does not shield parody or other commentary when its use of a mark is similarly source-identifying. [read post]
15 Jun 2023, 9:01 pm by renholding
The Ninth Circuit’s extension of the Rogers test to the defendant’s consumer product reflected a departure from courts that had historically limited the test’s application to more traditional expressive works, and extended it to use of the mark on commercial goods where the mark was arguably used as a source of origin. [read post]
Retailers enforcing trademarks against parodic marks can therefore avoid a dismissal of their claims under the Rogers test when the accused marks are used as source identifiers. [read post]
15 Jun 2023, 12:16 am by David Pocklington
This included a calculation by Dr Roger Ball of The University of the West of England of the approximate gain Colston made through the Royal Africa Company [34] to [36]. [read post]
9 Jun 2023, 4:33 pm by Cara Gagliano
But this could look closer to how Nike uses its own marks, and courts are already more reluctant to apply the Rogers test in cases involving t-shirts or other mediums that they see as “commercial” rather than traditional art forms, even though the associated expression is no less valuable. [read post]
9 Jun 2023, 8:20 am by Ronald Mann
” All members of the court joined Kagan’s opinion finding that toy a condemnable infringement of the Jack Daniel’s marks. [read post]
9 Jun 2023, 8:00 am by Devin Ricci
On infringement, we hold only that Rogers does not apply when the challenged use of a mark is as a mark. [read post]
8 Jun 2023, 6:30 pm by Dennis Crouch
  Here, the court found that VIP’s use of the mark was as a source identifier. [read post]
8 Jun 2023, 11:48 am by Mark Walsh
Instead, Rogers does not apply when the trademark is being used as a mark. [read post]
25 May 2023, 11:06 am by Lana Ulrich
…This holding marked an expansion of the Court’s interpretation of the Equal Protection Clause and the characteristics it protects. [read post]
22 May 2023, 7:46 am by Constance A. Wilkinson
Roger Marshall (R-KS), available at https://www.help.senate.gov/download/marshall-s-1339-amendment-3 [read post]
2 May 2023, 9:01 pm by renholding
Much of the SEC’s work in updating rules is to keep up with today’s ever-changing technology and business models. [read post]
2 May 2023, 3:23 am by Seán Binder
Katie Rogers Reports for the New York Times. [read post]
24 Apr 2023, 10:20 am by DONALD SCARINCI
First Amendment Rights The district court found that VIP’s use of Jack Daniel’s trademarks to sell the dog toys was likely to confuse consumers, infringed Jack Daniel’s marks, and tarnished Jack Daniel’s reputation. [read post]