Michael Kelber, co-chair of the Intellectual Property practice group, was recently quoted in the Bloomberg Law article “Jack Daniel’s High Court Win Leaves Trademark ‘Rogers Test’ Hazy.” The unanimous decision barricaded one path to a test for trademarks in expressive works, providing brand owners with more confidence in attacking products that they believe infringe upon their brands. This ruling will require a more rigorous likelihood-of-consumer-confusion analysis, rather than the simpler Rogers test.

"This decision changes the equation, so at least you have got a shot now," says Kelber, highlighting the significance of the ruling for brand owners.

Kelber also addressed this landmark case in a recent client alert found here. 

Kelber was also recently quoted in a similar article on World Trademark Review (subscription may be required).