The Rogers Test: Is It Enough?

The Rogers test says that the name of a celebrity used in an expressive work does not constitute trademark infringement if it is artistically relevant and not explicitly misleading. Justice Jackson chimed in such he didn't get it either, so there seemed to be this consensus on the court that the test was very difficult to understand or apply. And frankly, Mr. Cooper representing the IP products didn't do much to help it. Indeed, he came up with his own test.