“Fair Use” is the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of trademark infringement. The first type of fair use is known as “classic” or “descriptive” fair use. This is where the trademark…
Trade Dress Explained for Sellers: Trade dress is a form of intellectual property that is protected under the Lanham Act and has been defined by the Supreme Court as the “total image and overall appearance” of a good. Under the traditional view, trade dress only protected the way a product was “dressed up” and solid…
Richemont International SA et al v. The Partnerships and Unincorporated Associations Identified on Schedule “A” https://youtu.be/geCStMFdCSI Case: 1:19-cv-07908, Jorge L. Alonso, presiding UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RICHEMONT INTERNATIONAL SA, CARTIER INTERNATIONAL A.G., MONTBLANC-SIMPLO GMBH, CHLOE S.A.S., VAN CLEEF & ARPELS SA, and OFFICINE PANERAI A.G., COMPLAINT: Plaintiffs…
What Is Trade Dress? Trade Dress is defined as: “the total appearance and image of a product, including features such as size, texture, shape, color or color combinations, graphics, and even particular advertising and marketing techniques used to promote its sale.” [1] Perhaps the most iconic trade dress is the Coca-Cola bottle. The shape and…
Big Shot Billy Joel was running down the River Of Dreams until an unlicensed seller was selling his merchandise. Root Beer Rags, Ltd. was the authorized seller of Billy Joel merchandise who was Movin’ Out of their tent inside the Milwaukee Arena to see why they were not selling as much merchandise as they should…
An increasing issue in the music industry is the unauthorized use of another musician’s artwork. This commonly occurs when a famous and successful musician steals material from lesser-known artists, such as indie or underground bands, and uses it for their album cover, t-shirts, concert advertisements, or other merchandising purposes. When this occurs, the artists may…
