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Per the Lanham Act + Rogers v. Grimaldi, using a real TRADEMARK in a game's expressive content is allowed when which?
AThe game is being sold for under one US dollar only
BThe original trademark holder has gone fully bankrupt
CThe use is artistically relevant and not misleading
DThe trademark in question is fewer than five letters
Answer & Solution
Correct answer: C. The use is artistically relevant and not misleading
Rogers v. Grimaldi (2d Cir. 1989): 1st-Amendment test — artistic relevance above zero AND no explicit consumer-misleading. Applied to ESS v. Rockstar (GTA Pig Pen).
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