Trade Dress Limits On Copyright Licenses

The first federal case to consider directly the intersection of copyright and trade dress rights arose from a dispute over the use of revealing photographs of a young Marilyn Monroe on labels of red wine. The case, <i>Nova Wines, Inc. d/b/a/ Marilyn Wines v. Adler Fels Winery LLC</i>, out of the Northern District of California, was decided on a preliminary injunction motion and involved two commercial wine merchants intent on capitalizing on Monroe's enduring marketability.

9 minute read March 27, 2007 at 11:35 AM
By
Patrick Eyers
Trade Dress Limits On Copyright Licenses
Amidst the pantheon of pop culture icons, Marilyn Monroe retains a unique allure.

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