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Columns & Departments
No Trademark Protection for <i>Dirty Dancing</i> Phrase Used in Financial Services Ad
Features
Registering and protecting product designs is challenging. Preliminarily, trade dress cannot be registered or protected as a trademark if it is functional — if it is “essential to the use or purpose of the article or it affects the cost or quality of the article.”
Features
In <i>Matal v. Tam</i>, the trademark case involving the name of the Asian-American rock band The Slants, the SCOTUS held that the portion of §2(a) of the Lanham Act, 15 U.S.C. §1052(a), that prohibits the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.
Features
In <i>Matal v. Tam,</i> the SCOTUS held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), prohibiting the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.
Features
The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.
Columns & Departments
Consumers' Digital Music Price-Fixing Suit Ruled No "Class" Act<br>Marshall Tucker Band's Former Manager Loses Bid for Attorney Fees After Prevailing in Trademark Action Brought Against It By the Band
Columns & Departments
'Disparaging' Trademarks Decision<br>High Court Declines Takedown Notice/Fair Use Case
Columns & Departments
Mash-Up of Dr. Seuss/Star Trek Components Is a Fair Use
Features
Consumers might use "Google" as a verb, but that doesn't mean Google's trademark for its search engine is generic.
Features
The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.