Is the phrase “Pretzel Crisps” a trademark, meaning something that identifies the source of the goods, or a generic term? Frito-Lay thinks it’s generic, and, in a recent decision, the United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board (TTAB) agreed.
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Keep it Legal Blog
Copyright: What is Fair Use?
April 29, 2014
This is the fourth in an ongoing series of presentations that I’m preparing on the fundamentals of intellectual property, entertainment, business, and social media law. This presentation will provide an overview of copyright Fair Use in the United States. The previous three presentations in this series were “What Is a Trademark?”, “How Do I Choose a Strong Trademark?”, and “What Is a Copyright?”
Trademark Dispute: Elvis v. Baretta
April 22, 2014
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.
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?
