AMF Inc. v. Sleekcraft Boats
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The remaining opinions applied Sleekcraft positively or repeated history parentheticals reporting those limitations; nearby adverse language concerned other authorities, statutes, motions, or rulings.
811 later cases cite AMF Inc. v. Sleekcraft Boats; 149 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on AMF Inc. v. Sleekcraft Boats?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
-
The Ninth Circuit limited traditional Sleekcraft analysis for titles of artistic works by adopting the Rogers threshold, which asks whether the mark has artistic relevance and whether its use explicitly misleads as to source or content.
Mattel, Inc. v. MCA Records, Inc. · Ninth Circuit · filed
Rogers concluded that literary titles do not violate the Lanham Act “unless the title has no artistic relevance to the underlying work whatsoever, or, if it has some artistic relevance, unless the title explicitly misleads as to the source or the content of the work.” Id. at 999 (footnote omitted). We agree with the Second Circuit’s analysis and adopt the Rogers standard as our own.
Read the full opinion on CourtListener → -
The Ninth Circuit limited Sleekcraft's traditional likelihood-of-confusion analysis by holding that the nominative-fair-use test replaces it when a defendant uses the plaintiff's mark to identify the plaintiff's own product.
Mattel Inc. v. Walking Mountain Productions · Ninth Circuit · filed
The nominative fair use test replaces the traditional AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir.1979), analysis.
Read the full opinion on CourtListener → -
The Ninth Circuit confirmed after Jack Daniel's that Rogers remains a threshold screen before Sleekcraft when an expressive work uses a mark other than as a source identifier.
Hara v. Netflix, Inc. · Ninth Circuit · filed
Actual consumer confusion and intent are only relevant under the likelihood-of-confusion test. See Sleekcraft, 599 F.2d at 348–49. Before reaching the Sleekcraft factors, Vox must prevail on at least one of the prongs of the Rogers test.
Read the full opinion on CourtListener →
Does this case still carry your argument?
Describe your facts. Ezel reads AMF Inc. v. Sleekcraft Boats and the cases that treated it, then tells you whether it still holds for your situation, with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace