Elvis Presley Enterprises (EPE), which represents the interests of the estate of Elvis Presley, has filed suit in a Federal Court based in Tennessee against the gun manufacturer Beretta. EPE claims that a Beretta campaign surrounding the launch of the model 692 shotgun gave rise to claims of violation of the Federal Lanham Act (which governs trademarks and unfair competition), Tennessee and Nevada right of publicity, and common law unfair competition. It’s unknown whether EPE’s attorneys shot out their TVs when they first saw this allegedly infringing campaign.
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Keep it Legal Blog
George W. Bush – Copyright Infringer?
April 15, 2014
George W. Bush – Copyright Infringer? A copyright controversy has erupted over the noted painter and former baseball team owner George W. Bush. It appears as though his portraits of current and former world leaders are all based on pre-existing images found through Google searches. Has the ex-President committed copyright infringement, and is his work protected under the defense of fair use?
Google’s GLASS Trademark Application Rejected
April 8, 2014
Google’s GLASS Trademark Application Rejected There have been a lot of stories going around lately regarding Google’s attempt to register the word GLASS with the United States Patent and Trademark Office (USPTO). Let’s take a look at the record and see where they stand. This will be an interesting illustration of some of the many complications that can arise with respect to a trademark application.
Copyright Fair Use: Can I Use a Politician’s Headshot in a Political Blog?
April 1, 2014
Copyright Fair Use: Can I Use a Politician’s Headshot in a Political Blog? I’ve talked about copyright fair use often on this blog, but I haven’t had many opportunities to talk about it in the context of political speech. Generally speaking, political speech is afforded the highest level of protection under the First Amendment. Accordingly, when a fair use defense is asserted in a copyright infringement case, the political nature of the alleged infringer’s publication will be taken into account. So what does this mean for political blogs when it comes to politicians’ headshots?
