Is 6th Circuit off-kep? In holding Rock and Roll Hall of Fame not a protectable building design, court flouts precedent
Article Abstract:
The United States Court of Appeals for the 6th Circuit ruled in Rock & Roll Hall of Fame & Museum, Inc. v. Gentile Productions that a unique building design did not constitute a trademark. The court also implies that using the plaintiff's registered trademark "Rock and Roll Hall of Fame" on a poster of that building is fair use under the Lanham Act. That trademark law should protect nonwords is troubling to some courts, but this attitude ignores the clear message of several Supreme Court decisions of the last 15 years expanding the scope of trademarks.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Two renegade circuits split again on trade dress; establishing their own tests for product configuration, 2d and 3d circuits eschew 'Two Pesos.'(Intellectual Property)
Article Abstract:
Trademark infringement lawsuits regarding trade tress have become quite widespread in an economy of decreasing profit share and profit margins. The litigation requires differentiating between fair competition and misappropriation. The US Court of Appeals for the 2nd Circuit in Knitwaves, Inc. v. Lollytogs Ltd and the 3d Circuit in Duraco Products, Inc. v. Joy Plastic Enterprises establish tests for product configuration different from the well-known Two Pesos, Inc. v. Taco Cabana, Inc. case. The tests are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Courts differ over trade dress for diverse products; recent 5th Circuit golf course ruling is one that could make trade dress analysis less hazy
Article Abstract:
Issues concerning the different trade dress opinions of district and circuit courts are discussed. A 1998 5th Circuit decision, Pebble Beach Co. v. Tour 18 I Ltd. is discussed at some length and which dealt with the trade dress rights in golf hole designs, saw no need to develop a new test used only for trade dress, simply using the Lanham Act.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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