Copyright vs. Trademark Claims

Whatever one thinks of the ruling in <i>Fleischer I</i>, the decision serves as an important reminder of something for which it has received little attention: its careful consideration of the distinctions between copyright and trademark protection.

15 minute read May 31, 2013 at 11:48 AM
By
Colleen Bal And Evan M. W. Stern
Copyright vs. Trademark Claims

The original decision by the Ninth Circuit Court of Appeals in Fleischer v. A.V.E.L.A. has been discussed at length for its reliance on the aesthetic functionality doctrine to find the “Betty Boop” cartoon character unprotectable under trademark law.

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