In Colorado, New Test Articulated For Free Speech Trademark Defense

Mealey's (August 21, 2019, 12:41 PM EDT) -- DENVER — A federal judge in Colorado on Aug. 20 found that the Rogers v. Grimaldi test “needs adapting” in view of “legitimate considerations brought out in subsequent cases” in which an alleged infringer claims a First Amendment right to use a disputed trademark (Marty Stouffer, et al. v. National Geographic Partners LLC, et al., No. 18-3127, D. Colo., 2019 U.S. Dist. LEXIS 140947)....