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November 20, 2024Eighth Circuit Affirms U.S. Merchants Victory in Trade Dress Infringement Case
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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.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
David Martinez and Zac Cohen - Los Angeles & San Francisco Daily Journal
READ FULL ARTICLE Related Professionals
David Martinez
Partner
Member of the Executive Board;
Member of the Firm's Diversity Committee;
Pro Bono Chair, Los Angeles Office
Zac Cohen
Associate
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