Rogers Test Applies to Expressive, Non-Source-Identifying Use of Drag Queen's Image and Likeness: Ninth Circuit


In Hara v. Netflix, Inc., the US Court of Appeals for the Ninth Circuit affirmed the US District Court for the Central District of California’s dismissal of drag queen Vicky Vox’s trademark infringement and false endorsement claims, holding that the case presents a quintessential example of when the Rogers test applies to the use of a trademark in an expressive work following the US Supreme Court’s Jack Daniel’s decision.

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