An 11th Circuit Opinion in the ‘Floribama Shore’ trademark case provides guidance on establishing artistic relevance under the Rogers Test.
Continue Reading The Briefing by the IP Law Blog: Viacom Wins Trademark Dispute Over MTV’s ‘Floribama Shore’
Rogers Test
The Rogers Test Gets a Remake in Colorado
By Scott Hervey on
In the 9th Circuit (as well as the 2nd, 5th, 6th, and 11th Circuits), the test for determining whether the use of a third-party trademark in an expressive work (i.e., use of a brand within a movie, TV series, video game, etc., including as part of the title of an expressive work) is…