Mealey's (November 21, 2018, 11:10 AM EST) -- SAN FRANCISCO — In a decision issued Nov. 20, the Ninth Circuit U.S. Court of Appeals ruled that under the balancing test established in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), the Lanham Act, 15 U.S.C. § 1051 et seq., applies to expressive works only where the public interest in free expression is outweighed by the public interest in avoiding consumer confusion (Christopher Gordon v. Drape Creative Inc., et al., No. 16-56715, 9th Cir., 2018 U.S. App. LEXIS 32796)....