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Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision

The IP Law Blog

The holding in the Supreme Court case, Jack Daniels Properties v VIP Products , the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. AJ Press , addressed the interplay between the decision in Jack Daniels and the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v.

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Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision

LexBlog IP

The holding in the Supreme Court case, Jack Daniels Properties v VIP Products , the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. AJ Press , addressed the interplay between the decision in Jack Daniels and the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v.

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Recommended Reading: Professors Farley and Ramsey: "Raising the Threshold for Trademark Infringement to Protect Free Expression"

The TTABlog

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). One current example is the speech-protective test first articulated by the Second Circuit in Rogers v.

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[Guest post] Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works

The IPKat

This was important because where a mark is determined to be an “expressive work”, US courts have historically applied the threshold test derived from the First Amendment in the Rogers v Grimaldi decision. The Rogers test requires, in the case of “expressive works”, the dismissal of an infringement claim at the outset.

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Cardozo A&ELJ symposium, Trademark

43(B)log

Then, in Jack Daniel’s last term, the Court told us that use as a mark to identify the source of goods is trademark law’s central concern; when there’s use as a mark, the likely confusion test provides enough protection for any First Amendment interests. That is, Rogers is for uses that might confuse, but not about source.

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MPA v. SmoothStreams IPTV: Server Photos & Shutdown Details Emerge

TorrentFreak

Since SmoothStreams’ alleged operator lives in Canada, local companies Bell Media and Rogers Media naturally lead the list of plaintiffs in the underlying lawsuit. Netflix is a notable absentee and all except Rogers Media are MPA and/or ACE members. Based on all available evidence, Federal Court Judge Roger R.

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UI/UX: Creative Hobby to Creative Career

Art Law Journal

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. UX designers interpret quantitative and qualitative data from interviews, surveys, and testing to truly understand their users. . Together, we can solve your biggest challenges.

Designs 52