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Trademarks › Name and Likeness › Trademark Infringement

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

Troutman Pepper

Is the Third Time the Charm? Court Awards $71.4M in Contentious Trade Dress and Publicity Rights Dispute

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Imitation may be considered the sincerest form of flattery, but in the world of intellectual property (IP), it might cost you....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #3

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The U.S. Twirling Association and a coach must pay nearly $4.2 million to a baton twirler who was sexually assaulted as a minor during a sponsored international trip, a New York federal jury has found, saying the organization...more

Miller Canfield

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

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Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more

Arnall Golden Gregory LLP

The Pitch - April 2024

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The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2024

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One day, Name, Image and Likeness may pivot away from collectives and pivot toward university-based funding. At least one prominent athletic department is preparing for the possibility....more

BakerHostetler

AD-ttorneys@law - October 2023

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Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more

ArentFox Schiff

New/Old Threats to IP in the Metaverse

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The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more

Miller Nash LLP

“Wavy Baby” Case Tests Definition of an Expressive Work

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Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade:...more

Dorsey & Whitney LLP

Judge Rejects Greek Freak’s Shot for Damages

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We previously wrote about a series of trademark lawsuits filed by NBA MVP and now NBA champion Giannis Antetokounmpo over the use of his nickname “Greek Freak”. Those lawsuits all contained similar allegations: that the...more

Foster Garvey PC

Roller Derby Team Sues Cleveland Guardians for Alleged Trademark Infringement Over Use of Team Name

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Back to our regularly scheduled programming: Fresh off of my paternity leave in which feeding and putting to sleep my baby was my charge, I have the distinct privilege of resuming my commentary portion of the Spotlight. With...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

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In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and the holiday product manufacturer, Fun World, over his...more

Weintraub Tobin

The Briefing by the IP Law Blog - Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

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In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and the holiday product manufacturer, Fun World, over his...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #3

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“Happy” Tax Day to those of you here in the United States celebrating/commiserating (noting of course that certain taxpayers have until May 17 to file their returns this year). Like taxes, this installment of the Spotlight...more

Dorsey & Whitney LLP

The Greek Freak Flexes His Trademark Muscles

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NBA superstar and reigning NBA MVP Giannis Antetokounmpo recently filed a series of trademark infringement lawsuits in the Southern District of New York against online retailers and their operators. In the lawsuits,...more

International Lawyers Network

Stop the Insanity! Sports Trademarks Run Amok

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Sports and sports teams have a long history with intellectual property law and, more specifically, trademarks.  Sports teams, colleges, and universities have long trademarked their names and logos, and have routinely and...more

Fish & Richardson

Distillations: Trapped

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A recently-filed trademark infringement case out of California offers something of a cautionary tale on one of the oldest maxims of law and business: Get It In Writing. Thelonious Monk, Jr., son of the jazz legend, has...more

BakerHostetler

AD-ttorneys@law

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Consumer David Greenstein is pursuing excessive slack-fill claims against the producer of popular puffed rice and corn snack food Pirate’s Booty. Greenstein, who is representing himself in the lawsuit, claims to have...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - July 2017

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SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Navigating the Lifecycle of an Eponymous Brand (Part 3)

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In this three-part series, we identified three distinct seasons in the lifecycle of an eponymous brand: (1) Choosing the Brand, (2) Commercializing the Brand, and (3) Legacy of the Brand. In Part 1, we discussed what is at...more

Jaburg Wilk

Celebrity Brands: The Line Between Fair Use and Infringement

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All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

Foley Hoag LLP - Trademark, Copyright &...

Celebrity Trademark Watch: Who Owns Marilyn Monroe’s Image? – Right of Publicity vs. Trademark Rights

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In her posthumously published autobiography, My Story, screen legend Marilyn Monroe wrote: “I knew I belonged to the public and to the world, not because I was talented or even beautiful but because I had never belonged to...more

Knobbe Martens

Rights in Bob Marley's name and likeness trump free speech where defence not properly pleaded | World Trademark Review

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Fifty-Six Hope Road is a company run by some of Bob Marley's children, and it owns the property rights to Bob Marley's name, voice and likeness. Hope Road licensed Zion Rootswear the exclusive right to use Marley's name and...more

Davis Wright Tremaine LLP

The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for...

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Content creators of all stripes strive for realism in their depictions of the world. This is for good reason – media is more effective, and more immersive, when viewers recognize it as a reflection of the real world. Despite...more

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