TM Namesake Label, Good or Bad? 7 Mar 20217 Mar 2021 Using one's own name as a brand name has its own perks. Consumers might relate more to a brand when they can put a designer's face behind the brand name.…
Trademark History of Trademark Law 28 Jan 20219 Mar 2021 1870 - First federal trademark statute enacted: struck down in violation of the Constitution (copyright and patent clause)Trademark Act of 1881 - protection for trademarks used in commerce with other…
Celebrity Law Fame and Attention 30 Nov 20207 Mar 2021 "With fame often comes unwanted attention." -Kozinski, Circuit Judge (Mattel, Inc. v. MCA Records, 296 F.3d 894 (9th Cir. 2002) a.k.a. Barbie vs. "Barbie Girl"
TM Free Speech vs Brand Protection(Barbie v. “Barbie Girl”) 30 Nov 20208 Mar 2021 "If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong." -Kozinski, Circuit Judge (Mattel, Inc. v. MCA Records, 296 F.3d 894 (9th Cir. 2002) a.k.a. Barbie…
Celebrity Law Celebrity’s Name and Picture 8 Nov 202027 Jan 2021 "[W]hatever information value a celebrity's endorsement has to consumers would be lost if every advertiser can use the celebrity's name and picture.... The existence of a congestion externality provides an…
What is Protectable? What is protectable? 30 Sep 20207 Mar 2021 Pattern design on the fabric is copyrightable but not the shape of the clothing. Color scheme is not copyrightable. Color can be protected by trademark/trade dress (packaging) if distinctive enough,…
Law in Style. 