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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