Rogers v. Grimaldi
United States Court of Appeals for the Second Circuit
875 F.2d 994 (1989)
Relevant factsFree
Grimaldi (defendant) made a fictional satirical film called "Ginger and Fred" about two Italian cabaret performers nicknamed after the famous duo Ginger Rogers and Fred Astaire, contrasting their onscreen elegance with the shallowness of modern television. Rogers (plaintiff) sued under the Lanham Act, arguing the title falsely implied she was involved with or endorsed the film. The district court granted Grimaldi summary judgment, and Rogers appealed.
IssueFree
Whether a title to an artistic work that uses a trademark is false advertising under the Lanham Act if it has some artistic relevance and is not explicitly misleading as to the work's source or content.