In 2018 SCOTUS refused to hear a case involving the Air Jordan “Jumpman” logo that originated from an iconic photo of Michael Jordan, apparently affirming the transformative use defense, even for Nike’s incredibly lucrative commercial use.
Five years later, SCOTUS rejected the Warhol estate’s transformative use defense in a very similar case.
What’s the difference?
https://www.cnn.com/2019/03/25/business/nike-michael-jordan-jumpman-logo-lawsuit/index.html