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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.  

This program is available in Greenberg Traurig’s Client CLE Library. This free Library provides substantive legal knowledge, as well as CLE credit in several jurisdictions for registered users via on-demand programs. CLE credit is pending accreditation in the following jurisdictions: AZ, CA, CO, FL, GA, IL, NV, NJ, NY, MN, PA, & TX .

If you would like to take advantage of this free resource, please complete the GT Client CLE Library Request Form, and you will be contacted shortly by the Greenberg Traurig CLE Team. If you already have a GT Client CLE Library account you can access this recording by clicking here. Email cle@gtlaw.com if you have any difficulties accessing your account.