In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the series’ release was denied under the Rogers test, the university is back—this time arguing that the Jack Daniel’s Supreme Court decision changes everything.Continue Reading The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Bad Spirits – How a Dog Toy Changed TV Title Clearance
Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection. Continue Reading The Briefing: Bad Spirits – How a Dog Toy Changed TV Title Clearance
The Briefing by the IP Law Blog: Viacom Wins Trademark Dispute Over MTV’s ‘Floribama Shore’
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’
The Rogers Test Gets a Remake in Colorado
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