Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989)[1] is a trademark and intellectual freedom case, known for establishing the "Rogers test" for protecting uses of trademarks that implicate intellectual freedom issues.
Factual background
Actress Ginger Rogers sued Alberto Grimaldi and film company MGM for production and distribution of the 1986 Federico Fellini film Ginger and Fred, a film about Pippo and Amelia, two Italian cabaret performers whose routine emulated the more famous pairing of Fred Astaire and Ginger Rogers. Rogers claimed that the film violated her Lanham Act trademark rights, right of publicity, and was a "false light" defamation.[1]
Decision
The primary legal question in this case was whether the creator of an expressive work, which would be subject to