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Nicholas Bartelt, Ninth Circuit’s ‘minor logical extension’ of Rogers test permits an ‘Empire’ of expressive uses, Journal of Intellectual Property Law & Practice, Volume 13, Issue 5, May 2018, Pages 344–346, https://doi.org/10.1093/jiplp/jpy028
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Abstract
Twentieth Century Fox TV v Empire Distrib, Inc, 875 F.3d 1192 (9th Cir), 16 November 2017
Extending 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 relevance’ and were not explicitly misleading.
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