Search results
Results from the WOW.Com Content Network
A daily look at legal news and the business of law: eBay Didn't Infringe Tiffany's Trademark, Court Decides In a case that may echo into the Google/YouTube v. Viacom copyright showdown, the 2nd U ...
Tiffany claimed the contributory trademark infringement of eBay, which was a judicially constructed doctrine articulated by the Supreme Court in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. and found the liability for trademark infringement can extend beyond those who actually mislabel goods with the mark of another. As established in ...
In 2009, as part of a marketing strategy to revive sales, Mattel released a promotional video featuring a version of "Barbie Girl" with modified lyrics. [11] [12] In 2023, the soundtrack of the Mattel-produced film Barbie included the song "Barbie World" by rappers Nicki Minaj and Ice Spice, which samples Aqua's single. [13]
For example, in Mattel, Inc. v. MCA Records, Inc., United States Court of Appeals for the Ninth Circuit permitted the band Aqua’s use of Mattel’s trademark in "Barbie" to sell songs, that MCA had a valid parody defense, as Aqua needed to use the word "Barbie" in its song "Barbie Girl," based on the fact that the use of the mark was (1 ...
Mattel alleged that Forsythe's use of Barbie's name and likeness in his "Food Chain Barbie" photo series infringed on their copyrights, trademarks, and trade dress. The court held that Mattel's trademark and trade dress claims were "groundless or unreasonable" and therefore ordered Mattel to pay 1.8 million dollars in legal fees to Forsythe ...
Google on Thursday defeated a trademark lawsuit brought by a British short film company over YouTube's short video platform Shorts, with London's High Court ruling there was no risk of confusion ...
eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), is a case in which the Supreme Court of the United States unanimously determined that an injunction should not be automatically issued based on a finding of patent infringement, but also that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. [1]
Acuff-Rose Music, Inc. [13] This means that in litigation on copyright infringement, the defendant bears the burden of raising and proving that the use was fair and not an infringement. [30] [31] Thus, fair use need not even be raised as a defense unless the plaintiff first shows (or the defendant concedes) a prima facie case