LitigationPatentTrademark

Court Rejects Rogers Test, Introduces ‘Genuine Artistic Motive’ Test in Stouffer v. National Geographic

On May 8, the U.S. District Court for the District of Colorado granted National Geographic’s Motion to Dismiss Stouffer’s amended complaint in Stouffer v. National Geographic Partners, LLC. Stouffer sued National Geographic for trademark infringement, unfair competition, and deceptive trade practices. In response, National Geographic asserted that Stouffer’s claims were trademark-based and must be dismissed in order to protect National Geographic’s First Amendment interests. The Court addressed the question of what protections the First Amendment provides to those accused of trademark infringement and ultimately granted National Geographic’s motion to dismiss with prejudice.

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