Use Of 'Artistic Relevance Test' Defense Is Expanding

Law360, New York (November 14, 2012, 12:25 PM EST) -- Although many movie critics are giving rave reviews to Paramount Pictures Corp.'s new film "Flight," starring Denzel Washington, Anheuser-Busch Companies Inc. is not happy about the use of its Budweiser logo in the film. It has recently asked Paramount to voluntarily remove or obscure the use of the Budweiser logo from the film, which at one point has Denzel Washington's character, an airplane pilot who is struggling with alcoholism, drinking a Budweiser beer while driving. While Anheuser-Busch has yet to file a legal action over the appearance of its logo in the film, the question of whether the use of another's trademark in an artistic work is infringing has been addressed recently by three separate courts....

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