Artistry No Excuse for Trademark Infringement Where Use is Source Identifying

By David Martinez and Zac Cohen

July 6, 2023

The test for trademark infringement is whether the defendant's use of a mark is "likely to cause confusion, or mistake, or to deceive." When "artistic" works are involved, however, courts apply a different standard - the Rogers test - to determine whether use of the mark is infringing.

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David Martinez


Member of the Executive Board;
Member of the Firm's Diversity Committee;
Pro Bono Chair, Los Angeles Office

Zac Cohen


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