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Michael Palmisciano was quoted in the article, "Justices Narrow TM Infringement Carveouts For Parody," published by Law360 [sub. req.d].

The article discusses the U.S. Supreme Court's ruling in Jack Daniel’s v. VIP Products that limited parody exception to infringement and clarified that misleading products do not qualify for free speech protection under the Lanham Act. The Court did not address the Rogers test for artistically expressive trademarks that do not mislead consumers.

Michael said that the Supreme Court's ruling lets artists and other creators of expressive works maintain their protections under Rogers, while making clear that "humorous marks should be treated the same as all other marks," he said.

"There is no 'get out of jail free card' for funny or otherwise expressive trademarks," he said.