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In the 9th Circuit (as well as the 2nd, 5th, 6 th, and 11th Circuits), the test for determining whether the use of a third-party trademark in an expressive work (i.e., use of a brand within a movie, TV series, video game, etc., including as part of the title of an expressive work) is the 2nd Circuit’s test from the 1989 case of Rogers v. Grimaldi. The Mattel, Inc. v. MCA Records (better known as the “Barbie Girl” case). Under the Rogers test, the use of a third-party mark in an express...