![]() In a promotional stunt for their new album, rappers Drake and 21 Savage created fake Vogue magazine covers to promote their new music album. Under the Rogers test, a trademark owner does not have an actionable claim unless the use of the trademark is either (1) not artistically relevant to the underlying work or (2) explicitly misleads consumers as to the source or content of the work. ![]() 2008) (expanding the Rogers test from the use of a trademark in a title to the body of the expressive work). The issue in trademark infringement is not the alleged misappropriation of creative expression, but rather, the likelihood of confusion in the marketplace as to the source of goods or services. But the First Amendment limits the application of trademark law with respect to an expressive work. Fake Vogue Cover Likely to be Trademark Infringement JamesJuo | November 10, 2022 ![]()
0 Comments
Leave a Reply. |