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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
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 ...
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 ...
Fletcher v. Peck, 10 U.S. 87 (1810) A state legislature can repeal a corruptly made law, but the Contract Clause of the Constitution prohibits the voiding of valid contracts made under such a law. This was the first case in which the Supreme Court struck down a state law as unconstitutional. Martin v.
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 ...
On Wednesday, the high court heard arguments in a dispute over whether a California lawyer can trademark the phrase “Trump too small,” a reference to a bawdy joke that Sen. Marc Rubio, R-Fla ...