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Intersection of trademark law with public domain works; Passing off: Majority: Scalia: Lanham Act: Trademark cannot preserve copyright-like rights to a public domain work. The Lanham Act prohibits both "passing off" (misrepresenting one's own goods or services as someone else's) and "reverse passing off" (misrepresenting someone else's goods as ...
Dastar Corp. v. Twentieth Century Fox Film Corp. 539 U.S. 23 (2003) (it is a misuse of trademark law to try to use the doctrine of reverse passing off to assert protection over a formerly copyrighted work which has passed into public domain) Derry v. Peek (1888) LR 14 App Cas 337
Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some ...
Penn State has won a closely watched trademark fight over an online retailer's use of its vintage sports logos and images. A Pennsylvania jury awarded Penn State $28,000 in damages on Wednesday ...
Subsequent federal laws proved ineffective, leading to confusion and inadequate safeguarding of marks. Trademarks persisted indefinitely, even if unused. The Lanham Act emerged as a long-awaited solution, aiming to comprehensively regulate the creation and utilization of trademarks, offering protection to both trademark owners and consumers. [5]
A sports law professor described the judge’s ruling as a “potentially industry-shifting legal decision.” Penn State denied quick trademark win, judge questions sports merchandise industry ...
The Supreme Court signaled Wednesday that it would rule against a man who wants to trademark the suggestive phrase “Trump too small.” The dispute is over the government's decision to deny a ...
Arizona v. United States, 567 U.S. 387 (2012) An Arizona law that authorizes local law enforcement to enforce immigration laws is preempted by federal law. Arizona law enforcement may inquire about a resident's legal status during lawful encounters, but the state may not implement its own immigration laws. National Federation of Independent ...