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Brief Of Amici Curiae Intellectual Property Law Professors In Support Of Appellees, Mark Mckenna
Brief Of Amici Curiae Intellectual Property Law Professors In Support Of Appellees, Mark Mckenna
Court Briefs
The District Court correctly determined that Phoenix failed to state a trademark claim because Basket Case’s activities cannot have caused any relevant confusion.1 Phoenix’s fundamental complaint is about unauthorized use of its intangible content—karaoke tracks. Under Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), however, only confusion regarding the source of physical goods is actionable under the Lanham Act; confusion regarding the source of the karaoke tracks or their authorization is not actionable. Phoenix cannot avoid Dastar just because Basket Case creates digital copies of those tracks, as Basket Case does not sell digital files or …
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of Petitioners, John D. Adams, Matthew A. Fitzgerald, O. Carter Snead
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of Petitioners, John D. Adams, Matthew A. Fitzgerald, O. Carter Snead
Court Briefs
No. 15-105
Little Sister of the Poor Home for the Aged v. Sylvia Mathews Burwell
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit
From the Summary of Argument
Suppose a federal law required government officials to enter a Catholic church and use church property to distribute contraceptives and abortifacients over church’s objection. Such a law would surely burden the church’s religion, even if the government paid for the objectionable medications and compensated the church for the use of its resources. By commandeering church property, such a law would force the …
Brief Of Amici Curiae Law Professors In Support Of Defendant-Appellee National Football League, Rebecca Tushnet, Mark Mckenna
Brief Of Amici Curiae Law Professors In Support Of Defendant-Appellee National Football League, Rebecca Tushnet, Mark Mckenna
Court Briefs
No. 14-3428
John Frederick Dryer v. National Football League
On Appeal from the United States Distric Court for the District of Minnesota, Civ. No. 09-02182 (PAM/FLN), Hon. Paul A. Magnuson
From the Summary of Argument
Based on the undisputed facts, the NFL’s films in this case are noncommercial speech; their profit-seeking and brand-building nature are standard features of noncommercial speech. Truthful, nondefamatory noncommercial speech deserves full First Amendment protection, and there is no justification for allowing Appellants to control speech about them in this case.
Separately, Appellants’ right of publicity claims are preempted by the Copyright Act, which allows owners …