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Best of Bloomberg Law: Intellectual Property

Bloomberg Law

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The Roggins Test and the Biden Administration's Argument for Eliminating the Rogers Test

There seems to be a lot of confusion at the court on this. I'm not sure that the Rogers test is easy to follow. Justice Alito was the one Justice who seemed desperate to hang on to the Rogers test. Three justices by my count did not ask a single question and that was Justice Barrett, Justice Kavanaugh and the Chief Justice. The trademark law that we now have the Lanham Act has been held consistent with First Amendment no less than four times.

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