the First Amendment does not play a role in the majority of trademark
infringement cases, video games are considered to be a form of artistic
expression. Thus, a defendant was able to argue successfully that the First
Amendment allows it...
Fleischer Studios, Inc. v. A.V.E.L.A. ,
Inc., 636 F.3d 1115 (9th Cir. Cal. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ],
the Ninth Circuit misapplied the doctrine of aesthetic...
Gilson LaLonde in exploring the often confusing and illogical world of
deceptive marks, deceptively misdescriptive terms, and primarily geographically
deceptively misdescriptive marks.
Anne Gilson LaLonde, author of Gilson