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Bodily Appropriation" Of A Creative Work: Can Trademark Law Provide A Remedy When Copyright Law Cannot?
Can the victim of infringement of a creative work find relief under the trademark law, when relief under the copyright law may not be available, without the need to prove likely consumer confusion? With the Circuit courts split, the Supreme Court recently agreed to decide the issue in Dastar Corp. v. Twentieth Century Fox Film Corp., U.S. NO. 02-428 (granting cert. on January 10, 2003)
Factual Background
Twentieth Century Fox Film Corp. (Fox), a plaintiff in Dastar (the other plaintiffs were the distributors of the Fox television series on videotape), held exclusive television rights in and to a book entitled Crusades in Europe, which General Dwight Eisenhower authored about his experiences in World War II. Fox licensed the television rights from Doubleday, the book's publisher and purported copyright owner. Fox then produced a television program, Crusade Series, comprised of more than two dozen separate half-hour episodes based upon the book. Fox copyrighted the series, but failed to renew copyright when the time came.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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