Ninth Circuit’s ‘minor logical extension’ of Rogers test permits an ‘Empire’ of expressive uses

By Bartelt N.


Twentieth Century Fox TV v Empire Distrib, Inc, 875F.3d 1192 (9th Cir), 16 November 2017Extending its Rogers test jurisprudence, the US Court of Appeals for the Ninth Circuit held that Fox’s expressive and promotional uses of ‘Empire’ did not infringe Empire Distributions trade mark rights because Fox’s uses had ‘artistic …read more

Source:: Journal of Intellectual Property Law & Practice