Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989)

“Titles of artistic works are protected by the First Amendment if they have artistic relevance and are not explicitly misleading.”

Short Description

The Second Circuit Court of Appeals established the “Rogers Test”, balancing trademark rights with First Amendment free expression in artistic works. The test protects expressive works that use trademarks, unless the use has no artistic relevance or is explicitly misleading about the source or content.

Facts

⦁ Ginger Rogers, a famous dancer and actress, sued the producers of the Italian film Ginger and Fred.

⦁ The film depicted fictional Italian cabaret performers who imitated Rogers and Fred Astaire.

⦁ Rogers claimed the film’s title violated the Lanham Act by misleading audiences into thinking she endorsed or was connected to the film.

⦁ The producers argued it was an artistic expression protected under the First Amendment.

Findings / Reasoning (The Rogers Test)

The Court developed a two-prong test for artistic works:

⦁ Artistic Relevance → The use of the mark must have at least minimal artistic relevance to the underlying work.

⦁ Not Explicitly Misleading → The use must not explicitly mislead consumers about the source or content of the work.

⦁ The Court held that the title Ginger and Fred had artistic relevance to the story and was not explicitly misleading.

Suggestions / Implications

⦁ Trademark claims must be carefully balanced against free expression rights in artistic works.

⦁ The Rogers Test is now widely applied in trademark and free speech disputes involving movies, books, video games, and music.

⦁ It provides creators flexibility while preventing outright consumer deception.

Judgment & Date

⦁ Judgment: The court ruled in favor of the filmmakers; the title Ginger and Fred was protected speech.

⦁ Date: April 21, 1989.