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For example, fake names or places are often inserted in factual works like maps or directories to serve as proof of copying in a later infringement case since their appearance in a defendant's work cannot be explained away by innocent causes. Obvious or crude attempts to give the appearance of dissimilarity. [1] [page needed]
Case history; Prior: Taco Cabana Int'l, Inc. v. Two Pesos, Inc., 932 F.2d 1113 (5th Cir. 1991) Holding; Proof of secondary meaning is not required to prevail on a claim under § 43(a) of the Lanham Act where a trade dress at issue is inherently distinctive: Court membership; Chief Justice William Rehnquist Associate Justices Byron White ...
Mattel Inc v 3894207 Canada Inc [2006] 1 S.C.R. 772, 2006 SCC 22 is a leading decision of the Supreme Court of Canada on the infringement of famous trade-mark names. The Court found that Mattel Inc. could not enforce the use of their trade-marked name "BARBIE" against a restaurant named "Barbie's".
Indeed, in the latter case the Court had even cited Warhol's work as an example of how transformative use benefited society. [75] "[W]hat he did to the Goldsmith photo, in service of what objects—counts powerfully in his favor. He started with an old photo, but he created a new new thing." [76]
This 1986 ad for the Mercury Sable features a remake of "Do You Want to Dance" sung by a singer whose voice has an uncanny resemblance to Midler's. Ford Motor Co. , 849 F.2d 460 (9th Cir. 1988) [ 1 ] is a United States Court of Appeals case in which Bette Midler sought remedy against Ford Motor Company for a series of commercials in the 1980s ...
Every year, each of the thirteen United States courts of appeals decides hundreds of cases. Of those, a few are so important that they later become models for decisions of other circuits, and of the United States Supreme Court, while others are noted for being dramatically rejected by the Supreme Court on appeal.
Microsoft argued that their trademark had been infringed because of the phonetic resemblance between "Microsoft" and "MikeRoweSoft". [ 2 ] The case received international press attention following Microsoft's perceived heavy-handed approach to a 12th grade student's part-time web design business and the subsequent support that Rowe received ...
Reves v. Ernst & Young, 494 U.S. 56 (1990), was a United States Supreme Court case regarding whether the sale of "uncollateralized and uninsured promissory notes payable on demand by the holder" by the Farmers Cooperative of Arkansas and Oklahoma were securities under the Securities Exchange Act of 1934.