"The court misarticulated the Rogers test by one letter-using 'of' in place of 'or.' This significant difference makes virtually all instances of false endorsement within creative works immune from trademark liability."
"Pepperdine alleged that the 'Los Angeles Waves' infringed the university's WAVES trademarks for college athletics; the show's creators countered that the use was protected artistic expression."
"The U.S. District Court for the Central District of California dismissed Pepperdine's complaint based on Rogers, a well-established First Amendment defense to infringement."
Pepperdine University filed a lawsuit against Netflix regarding the 'Running Point' series, claiming trademark infringement of its WAVES trademarks. The U.S. District Court dismissed the complaint, citing the Rogers test, which protects artistic expression unless it explicitly misleads about the source or content. However, the court misarticulated the test by using 'of' instead of 'or,' which could render many false endorsement claims immune from liability. The case is set to be appealed, emphasizing the need for clarity in trademark liability related to creative works.
Read at IPWatchdog.com | Patents & Intellectual Property Law
Unable to calculate read time
Collection
[
|
...
]