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Articles 1 - 30 of 38
Full-Text Articles in Entertainment, Arts, and Sports Law
Here’S Why It’S Time The Lanham Act Recognizes Personal Brands, Golden Gate University School Of Law
Here’S Why It’S Time The Lanham Act Recognizes Personal Brands, Golden Gate University School Of Law
GGU Law Review Blog
The Lanham Act defines and governs trademarks, service marks, and unfair competition, all to protect American consumers from market confusion. Under the Lanham Act, a mark is famous if it is “widely recognizable to the general consuming public of the United States.” When a celebrity brings a claim under the Lanham Act for the unauthorized use of their image, courts may find that the celebrity’s name and image constitute an unregistered trademark, while the celebrity’s persona is the goods or services which the celebrity places into commerce. To analyze the claim, several factors help determine the likelihood of market confusion. …
Lookalike Logos: Is A High School's Use Of A Logo Or Insignia Similar To That Of A University A Violation Under The Lanham Act, Keegan Girodo
Lookalike Logos: Is A High School's Use Of A Logo Or Insignia Similar To That Of A University A Violation Under The Lanham Act, Keegan Girodo
Marquette Sports Law Review
None
San Francisco Art & Athletics, Inc. V. United States Olympic Committee: Usoc May Enforce Its Rights In Olympic Without Proof Of Confusion, Charles F. Hauff Jr.
San Francisco Art & Athletics, Inc. V. United States Olympic Committee: Usoc May Enforce Its Rights In Olympic Without Proof Of Confusion, Charles F. Hauff Jr.
Akron Law Review
In San Francisco Arts & Athletics, Inc. v. United States Olympic Committee, the United States Supreme Court held that the United States Olympic Committee (USOC) could enforce its statutory rights in the mark OLYMPIC without proving likelihood of customer confusion. Because this holding extended the USOC's trademark rights beyond those engendered by the Lanham Act, the Court was compelled to subject those rights to constitutional scrutiny. The Court's holding prevented San Francisco Arts & Athletics, Inc. (SFAA) from using the word OLYMPIC to promote the "Gay Olympic Games."
The SFAA decision will probably affect future analyses of trademark rights …
Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Haight Farley
Registering Offense: The Prohibition Of Slurs As Trademarks, Christine Haight Farley
Contributions to Books
Since 1967, Pro-Football has registered six marks that include the term “redskins,” a derogatory racial epithet that refers to Native Americans. The use of disparaging marks dates back to the 19th century when brands commercialized racial stereotypes, such as Aunt Jemima. Today, offensive marks, including those that ridicule race, ethnicity, gender and religion are proliferating prompting the question of what role trademark law plays in protecting the interests of diverse communities. Section 2(a) of the Lanham Act prohibits the registration of marks that consist of matter that may disparage or bring into contempt or disrepute any person, institution, or belief. …
The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul
The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul
Marquette Sports Law Review
No abstract provided.
The Olympics, Ambush Marketing And Sochi Media, Adam Epstein
The Olympics, Ambush Marketing And Sochi Media, Adam Epstein
Adam Epstein
The purpose of this article is to explore the concept of ambush marketing and the legal environment surrounding it. With the advent of the Sochi Olympic Games held in February, 2014, ambush marketing again makes its way to the forefront of national and international attention. Certainly, the discussion of ambush marketing in advertising strategies would be a useful tool at any point in a law course that addresses intellectual property such as trademarks and domain names, and consumer protection issues in general. For decades, non-official sponsors of the Olympic Games have found ways to use the Olympic event platform to …
Stabilizing Morality In Trademark Law, Christine Haight Farley
Stabilizing Morality In Trademark Law, Christine Haight Farley
Articles in Law Reviews & Other Academic Journals
Almost all of the commentary concerning the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context. Judging words per se is warranted given the very different objectives underlying …
I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas
I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Guantanamo's Greatest Hits: The Semiotics Of Sound And The Protection Of Performer Rights Under The Lanham Act, John Tehranian
Guantanamo's Greatest Hits: The Semiotics Of Sound And The Protection Of Performer Rights Under The Lanham Act, John Tehranian
Vanderbilt Journal of Entertainment & Technology Law
As Bruce Springsteen and Ronald Reagan, Jackson Brown and John McCain, and Tom Morello and Paul Ryan can attest, the exploitation of creative works for political or commercial purposes that run contrary to artists' ideals can stir passions and trigger lawsuits. Yet for performers who are not authors of the exploited works, there is little meaningful legal relief provided by the federal Copyright Act. Instead, such performers--from featured singers and dancers to actors and other personalities known for their distinctive traits--have leaned on alternative theories for recovery, thereby raising the specter of liability outside of copyright law for such unwelcome …
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor
Touro Law Review
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.
Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg
Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg
Faculty Scholarship
Over ten years ago, in the pages of this Journal, I inquired whether authors’ “moral rights” had come of (digital) age in the U.S. Ever-hopeful at that time, I suggested that then-recent legislation enacted to enable the copyright law to respond to the challenges of digital media might, in addition to its principal goal of securing digital markets for works of authorship, also provide new means to protect authors’ interests in receiving attribution for their works and in safeguarding their integrity. The intervening years’ developments, however, indicate that, far from achieving their majority, U.S. authors’ moral rights remain in their …
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Shades Of Gray: The Functionality Doctrine And Why Trademark Protection Should Not Be Extended To University Color Schemes, Kristen E. Knauf
Shades Of Gray: The Functionality Doctrine And Why Trademark Protection Should Not Be Extended To University Color Schemes, Kristen E. Knauf
Marquette Sports Law Review
No abstract provided.
Pause The Game: Are Video Game Producers Punting Away The Publicity Rights Of Retired Athletes?, Brandon Johansson
Pause The Game: Are Video Game Producers Punting Away The Publicity Rights Of Retired Athletes?, Brandon Johansson
Nevada Law Journal
This Note argues that widely recognized retired athletes, such as Jim Brown, whose likenesses have been used in video games, will be able to recover damages under likeness laws if video game producers do not take more action to protect themselves from such lawsuits. Part II of this Note will discuss the history of likeness rights and how they have developed in our legal system. Part III will discuss how licensing agreements operate in sports through collective bargaining agreements between the current athletes and the player unions. This Note will then argue, using Brown v. Sony as an example, that …
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
San Diego International Law Journal
This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …
Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Is A Rose By Any Other Image Still A Rose? Disconnecting Dilution’S Similarity Test From Traditional Trademark Concepts, Jasmine C. Abdel-Khalik
Is A Rose By Any Other Image Still A Rose? Disconnecting Dilution’S Similarity Test From Traditional Trademark Concepts, Jasmine C. Abdel-Khalik
Faculty Works
Federal dilution doctrine suffers the typical growing pains of an adolescent struggling to determine its identity and boundaries. Congress did not create a federal dilution claim until 1995 and significantly amended in 2006. As currently conceived in the Lanham Act, a federal dilution by blurring claim involves the owner of a famous, [senior] mark bringing suit against the owner of a junior mark, which must be used after the senior mark has achieved fame, but only if the junior mark is sufficiently similar to impair the distinctiveness of the senior mark. The statute identifies several factors that can be used …
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Economics Of Cultural Misrepresentation: How Should The Indian Arts And Crafts Act Of 1990 Be Marketed?, Jennie D. Woltz
The Economics Of Cultural Misrepresentation: How Should The Indian Arts And Crafts Act Of 1990 Be Marketed?, Jennie D. Woltz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Why The Initially Confused Should Get A Clue: The Battle Between Trademark Infringement And Consumer Choice Online, John Handy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Crisis Of Indefinite Consequence: How The Derivative Works Exception And The Lanham Act Undercut The Renumerative Value Of Termination Of Transfers, Ashok Chandra
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
Faculty Scholarship
The US. Supreme Court in its 2003 decision in Dastar v. Twentieth Century Fox, construing the Lanham Federal Trademarks Act, deprived authors of their principal legal means to enforce attribution rights in the US. I have elsewhere criticized the Dastar Court's analysis, and have urged amending the Copyright Act to provide express recognition of the attribution right. This time, however, I propose to reconsider the foundation for the attribution right; I draw on literary and historical sources to supplement legal arguments concerning the meaning of the author's name. I will suggest that, contrary to the usual characterization of this …
May The Best Merchandise Win: The Law Of Non-Trademark Uses Of Sports Logos, Mark A. Kahn
May The Best Merchandise Win: The Law Of Non-Trademark Uses Of Sports Logos, Mark A. Kahn
Marquette Sports Law Review
No abstract provided.
The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown
The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed
Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi
Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl
Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard
Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.