"In June 2015, Gordon filed a lawsuit alleging
trademark infringement. The U.S. District Court for the Central District
of California granted summary judgment to the greeting card company,
saying that the cards were expressive works protected by the First
Amendment. Gordon appealed.
On Monday, the appeals court reversed the lower court’s decision, allowing his lawsuit to continue.
In an opinion published Monday,
the three-judge panel said that Gordon’s lawsuit against Drape
Creative, Inc. and Papyrus-Recycled Greetings, Inc. presents a question
that should be tried before a jury: Did the greeting cards add any
artistic value that would be protected by the First Amendment, or did
they simply appropriate the goodwill associated with Gordon’s trademark?"
