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The Rogers Test Gets Expressive Use Scrutiny from SCOTUS

Greenberg Traurig Shareholder Steve Wadyka and Associate Molly Littman, will present the CLE webinar, "The Rogers Test Gets Expressive Use Scrutiny from SCOTUS," on Wednesday, April 19, 12:00 - 1:00 pm CT. This webinar will examine the Rogers test and its progeny and consider ways in which the U.S. Supreme Court may endorse or limit the Rogers test in its upcoming decision in Jack Daniel’s Properties v. VIP Products

In 1989, the Second Circuit issued the decision of Rogers v. Grimaldi, which has mostly governed the use of trademarks and trademarked goods in the titles and bodies of expressive works, such as motion pictures, song lyrics, and other artistic works. Under the Rogers test, courts have asked whether the use of the trademark has artistic relevance and whether the manner of use is explicitly misleading. In recent years, courts have grappled with whether to apply the Rogers test to ordinary commercial products like dog toys and sneakers.