A trademark dispute between OMG Girlz and MGA reversed course after a SCOTUS decision last June that shifted the balance between trademark protection and First Amendment rights without articulating a new test. “I don’t think that the Supreme Court made this inquiry-what is a ‘use as source identification’-very clear … so it doesn’t surprise me that lower courts now need to struggle with those issues,” said Prof. Guy Rub.
Published on October 25, 2024
OMG Verdict Flip Exemplifies High Court’s Rogers Test Limitation
