Since the 1989 case of Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), courts have applied the Rogers test when an artistic work is alleged to have infringed a Lanham Act-protected right. With litigants locking horns over the titles and other creative elements of their nature documentaries, the U.S. District Court for the District of Colorado proposed a revision to the two-pronged Rogers test in the case of Stouffer v. Nat’l Geographic Partners, LLC, No. 18-cv-3127-WJM-SKC, 2019 U.S. Dist. LEXIS 140947 (D. Colo. Aug. 20, 2019).
