"Without deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act most cares about: as a designation of source for the infringer's own goods."- U.S. Supreme Court
The U.S. Supreme Court held today in Jack Daniel's Properties v. VIP Products that the Rogers test, used to "protect First Amendment interests in the trademark context ," is not relevant "when an alleged infringer uses a trademark as a designation of source for the infringer's own goods."
The U.S. Supreme Court held today in Jack Daniel's Properties v. VIP Products that the Rogers test, used to "protect First Amendment interests in the trademark context ," is not relevant "when an alleged infringer uses a trademark as a designation of source for the infringer's own goods."
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