This decision holds that Jack Daniel’s Properties, Inc. v. VIP Products LLC (2023) 599 U.S. 140 effectively overruled prior 9th Circuit decisions to the extent that they held the Rogers v. Grimaldi (2d Cir. 1989) 875 F.2d 994 test exempts all expressive use of trademarks from trademark law. Jack Daniel’s held that the Rogers test does not apply when the defendant uses a trademark to designate the source of its own products even if it also uses the mark for other expressive purposes. Here, reversing its prior decision affirming dismissal of the trademark infringement action, the court holds that because AJ Press used “Punchbowl” to designate the source of its news articles, the Rogers test did not apply. However, AJ Press might still escape trademark infringement liability under the traditional likelihood of confusion test, in which the common usage of the term “punchbowl” would play a large part.