Search for: "Mark S Rogers"
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16 Jun 2023, 11:46 am
”[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
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]
15 Jun 2023, 4:52 am
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
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
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, 3:26 pm
In Rogers v. [read post]
9 Jun 2023, 3:26 pm
In Rogers v. [read post]
9 Jun 2023, 8:20 am
” 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
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
Here, the court found that VIP’s use of the mark was as a source identifier. [read post]
8 Jun 2023, 11:48 am
Instead, Rogers does not apply when the trademark is being used as a mark. [read post]
31 May 2023, 5:16 am
S. (2016). [read post]
25 May 2023, 11:06 am
…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
Roger Marshall (R-KS), available at https://www.help.senate.gov/download/marshall-s-1339-amendment-3 [read post]
5 May 2023, 1:12 pm
On a live recording of the Lawfare Podcast, Benjamin Wittes sat down with Roger Parloff to discuss his work covering the Proud Boys trial, the significance of the jury’s conviction of four defendants, and more: During the 61-day trial of five top members of the Proud Boys, Parloff populated a live blog from inside the courthouse, which is now archived on Lawfare. [read post]
2 May 2023, 9:01 pm
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
Katie Rogers Reports for the New York Times. [read post]
28 Apr 2023, 2:10 pm
Roger Parloff shared a narrative account of the seditious conspiracy trial of five members of the Proud Boys. [read post]
24 Apr 2023, 10:20 am
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]
19 Apr 2023, 12:42 pm
Compare Brief for Professor Roger O'Keefe as Amicus Curiae 11–16 with Brief for Mark B. [read post]
