From today's decision in Punchbowl, Inc. v. AJ Press, LLC, written by Judge Daniel Bress and joined by Judge John Owens and District Judge Sidney Fitzwater:
Punchbowl, Inc., is an online party and event planning service. Punchbowl News is a subscription-based online news publication that provides articles, podcasts, and videos about American politics, from a Washington, D.C. insider's perspective. Punchbowl claims that Punchbowl News is misusing its "Punchbowl" trademark. Applying our precedents, we hold that Punchbowl News's use of the term "Punchbowl" is expressive in nature and not explicitly misleading as to its source. It thus falls outside the Lanham Act [the federal trademark statute -EV] as a matter of law.
Seems quite right to me, under the so-called Rogers test:
