Circuit Court of Appeals in 2020 ruled in favor of VIP Products on two grounds. Kagan added that 'few cases would even get to the likelihood-of-confusion inquiry if all expressive content triggered the Rogers filter.'Ī lawyer for President Joe Biden's administration had urged the justices to discard the Rogers test in favor of the more-rigorous multi-factor test normally used in trademark-infringement cases, which looks squarely at whether the acts would likely cause marketplace confusion. That kind of use falls within the heartland of trademark law, and does not receive special First Amendment protection.'

Kagan wrote that the 9th Circuit erred in applying the Rogers test in this case, concluding that 'it is not appropriate when the accused infringer has used a trademark to designate the source of its own goods - in other words, has used a trademark as a trademark.

The actress unsuccessfully sued to block the 1986 film 'Ginger and Fred' from director Federico Fellini that referred to her famed dance partnership with actor Fred Astaire. Circuit Court of Appeals in a case brought by Hollywood legend Ginger Rogers. The test was crafted in a 1989 decision by the New York-based 2nd U.S. Lower courts had ruled in favor of VIP Products after applying what is called the Rogers test, which has allowed artists to lawfully use another's trademark when doing so has artistic relevance to their work and would not explicitly mislead consumers about its source. We will continue to support efforts to protect the goodwill and strength of this iconic trademark,' Jansen said. 'Jack Daniel's is a brand recognized for quality and craftsmanship, and when friends around the world see the label, they know it stands for something they can count on. Jack Daniel's spokesperson Svend Jansen said the company was pleased with the decision. 'This case is about dog toys and whiskey, two items seldom appearing in the same sentence,' Kagan wrote in the ruling, emphasizing that, while throwing out the lower court's decision, the decision was narrow.

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