Marilyn Monroe: Trade Dress From Whole Cloth? (2007)
Monday, 05 November 2007
Ideas and concepts, other than those that are not obvious and may be subject to patent protection, are generally freely available to all. Trademark protection usually extends only to the owner’s use of a particular mark, including any logo or image. Yet a judge in the Northern District of California held recently that a trade dress owner
- Published in Copyright Law, Intellectual Property Law, Marilyn Monroe, Trade Dress, Trademark Law, Visual Images
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Copyright Record Rental Exception Applies Only To Musical Works (2007)
Thursday, 05 July 2007
In a recent case of first impression, the Sixth Circuit decided in Brilliance Audio, Inc. v. Haights Cross Communications, Inc., No. 05-1209 (6th Cir. 2007) that the record rental exception to the first sale doctrine, in section 109 of the Copyright Act, applies only to sound recordings of musical works. The decision is also interesting for its
Bad Grammar = Good Trademark? (2006)
Saturday, 05 August 2006
A mark is merely descriptive if it conveys any aspect, purpose, function or use, or desirable characteristic of the goods or services with which it is used. For example, the mark MARTHA WASHINGTON for dolls is merely descriptive of dolls that portray Martha Washington; likewise, the mark APPLE PIE for potpourri with an apple pie
- Published in Grammar, Intellectual Property Law, Trademark Descriptiveness, Trademark Law
The U.S. Supreme Court Holds That Lanham Act Does Not Require Attribution For Works Embodying Public Domain Materials (2003)
Friday, 05 September 2003
In June this year, the Supreme Court held that section 43(a) of the Lanham Act does not bar the uncredited copying of a work whose copyright has expired. The producer of “copies” is considered the “origin” of those “goods” within the meaning of the statute, and the producer of those goods neither falsely designates its