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Rogers v. Grimaldi

United States Court of Appeals for the Second Circuit
875 F.2d 994 (1989)


Facts

Ginger Rogers (plaintiff) and Fred Astaire were one of the most famous duos in entertainment history. Rogers and Astaire were often identified by their first names only. Alberto Grimaldi (defendant) made a film called “Ginger and Fred.” The film was a fictional satire about two Italian cabaret performers who became known in Italy as Ginger and Fred. The film compared the elegance of Rogers and Astaire in show business to the dull nature of television in modern times. Rogers sued Grimaldi in the United States District Court for the Southern District of New York for violating the Lanham Act. Rogers claimed that the title of the film falsely intimated that Rogers was involved with or sponsored the film. Rogers’s claim was essentially a claim of false advertising. The district court granted Grimaldi summary judgment. Rogers appealed.

Rule of Law

Issue

Holding and Reasoning (Newman, J.)

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