Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 4 of 4
Full-Text Articles in Law
Brief Of Amici Curiae Intellectual Property Law Professors In Favor Of Judgement As A Matter Of Law, Mark Mckenna, Rebecca Tushnet, John A. Conway
Brief Of Amici Curiae Intellectual Property Law Professors In Favor Of Judgement As A Matter Of Law, Mark Mckenna, Rebecca Tushnet, John A. Conway
Court Briefs
Plaintiff’s false designation of origin and false endorsement claims, such as they are, rest on the assertion that defendants falsely represented themselves as the origin of intellectual property on which the Oculus Rift is based. Those claims are barred by Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), which holds that only confusion regarding the origin of physical goods is actionable under the Lanham Act.
Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna, Rebecca Tushnet
Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna, Rebecca Tushnet
Court Briefs
The District Court correctly determined that the challenged speech of Dr. Steven Novella was not commercial speech for purposes of applying the Lanham Act. Appellant’s argument to the contrary conflates “seeking profit” with “commercial speech.”
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 Amici Curiae Intellectual Property Law Professors In Support Of Appellant/Cross-Appellee New Life Art, Inc. And Daniel A. Moore And Affirmance In Part, Mark Mckenna, Michael T. Sansbury
Brief Of Amici Curiae Intellectual Property Law Professors In Support Of Appellant/Cross-Appellee New Life Art, Inc. And Daniel A. Moore And Affirmance In Part, Mark Mckenna, Michael T. Sansbury
Court Briefs
The District Court properly held that New Life Art’s (“New Life”) creative works do not infringe the University of Alabama’s (“the University”) rights in the trade dress of its football uniforms, including the their crimson and white colors. First, New Life’s realistic depiction of the University’s football games is not likely to confuse consumers about the source of New Life’s goods, or as to the University’s sponsorship of or affiliation with those goods. Confusion is actionable under the Lanham Act only when it relates to these types of source relationships, and not when consumers merely recognize the plaintiff’s mark. Second, …