skip to main content
Overview
Toggle Button Open

January 3, 2023

IPWatchdog

In a new article for IPWatchdog, Partner Alesha Dominique describes what she sees in the “perfect IP world”.

“In my wildest dreams, there will be greater clarity on what constitutes an “expressive work” entitled to First Amendment protection from trademark infringement claims by the end of 2023,” Alesha states.

“Set forth by the Second Circuit in 1989, courts that have adopted the Rogers test apply a heightened standard for liability under the Lanham Act for use of another’s mark in an expressive work. In the three decades since, the Ninth Circuit has taken an expansive approach by applying Rogers beyond traditionally expressive works, like art and movies, to commercial products, such as dog toys, while other courts have taken different approaches to addressing the tensions between the First Amendment and trademark rights. As a result, the contours of expressiveness and First Amendment protections remain widely contested.”

Read the full article here.

January 3, 2023

IPWatchdog

In a new article for IPWatchdog, Partner Alesha Dominique describes what she sees in the “perfect IP world”.

“In my wildest dreams, there will be greater clarity on what constitutes an “expressive work” entitled to First Amendment protection from trademark infringement claims by the end of 2023,” Alesha states.

“Set forth by the Second Circuit in 1989, courts that have adopted the Rogers test apply a heightened standard for liability under the Lanham Act for use of another’s mark in an expressive work. In the three decades since, the Ninth Circuit has taken an expansive approach by applying Rogers beyond traditionally expressive works, like art and movies, to commercial products, such as dog toys, while other courts have taken different approaches to addressing the tensions between the First Amendment and trademark rights. As a result, the contours of expressiveness and First Amendment protections remain widely contested.”

Read the full article here.

Professionals