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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)
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 ...
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Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), was a United States Supreme Court case involving parody and trademark law.The case deals with a dog toy shaped similar to a Jack Daniel's whiskey bottle and label, but with parody elements, which Jack Daniel's asserts violates their trademark.
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
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 ...
Trademark law in the United States was adopted from the common law of England and is part of the law of unfair competition.In 1925, an influential law review article described the dilution of trademarks through blurring where a product uses a name that is similar to a trademark and causes an erosion of its uniqueness. [2]
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 ...
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