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22 Jun 2023, 4:13 am
One current example is the speech-protective test first articulated by the Second Circuit in Rogers v. [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
He cited Lord Fraser in R v Inland Revenue Commissioners ex p. [read post]
9 Jun 2023, 8:20 am by Ronald Mann
She spends several pages – more than a third of the entire opinion – discussing the 1989 ruling in Rogers v. [read post]
8 Jun 2023, 5:36 pm by Irina Manta
" The Court distinguished the case at bar from cases employing a First Amendment filter where a term was used in the title of a movie such as "Ginger and Fred" (where the Rogers test originated) or that of a song such as "Barbie Girl" (Mattel, Inc. v. [read post]
8 Jun 2023, 2:15 pm by Samuel Eichner
Supreme Court answered an exceedingly narrow question of copyright law with potentially sweeping impact: did the purpose and character of Andy Warhol’s below ‘Orange Prince’ work—as used on a 2016 Condé Nast magazine cover—support fair use of Lynn Goldsmith’s photograph of famed musician Prince Rogers Nelson a/k/a Prince? [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]
8 Jun 2023, 9:55 am by Eileen McDermott
VIP Products that the Rogers test, used to "protect First Amendment interests in the trademark context," is not relevant “when an alleged infringer uses a trademark as a designation of source for the infringer’s own goods. [read post]