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Intersection of TM law with public domain works: Majority: Scalia (unanimous) Lanham Act: Trademark cannot preserve rights to a public domain work. Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. 545 U.S. 913: 2005: 9–0: Substantive: Secondary liability: Majority: Souter (unanimous) Concurrence: Ginsburg (Rehnquist, Kennedy), Breyer ...
[27] The State Library of North Carolina considers state documents within its collection to be in the public domain according to U.S. copyright law. [28] Though state law in general describes state and local records as "property of the people", it describes some specific types of records that may have copyright held by the state.
Judge Babcock found that aspects of the 1994 Uruguay Round Agreements Act, which brought some works whose copyright had lapsed back under copyright, violated First Amendment rights of so-called reliance parties, [11] i.e., parties who had been using a work formerly in the public domain before the URAA became effective, relying on the work being ...
Shaw Family Archives Ltd. v. CMG Worldwide, Inc., 486 F.Supp.2d 309 (S.D.N.Y., 2007) ruled on May 7, 2007 that in regard to Marilyn Monroe, because she died before California's Celebrity Rights Act was passed in 1985, and the state of New York does not recognize a right of publicity after the artist's death, her name, image, and voice are now ...
PD-USGov may not be used for the work of any individual U.S. state, territory, commonwealth, county, municipality, or any other subdivision. If the Federal government runs the IPC, that does NOT mean all the works in the IPC are PD. Many works in Federal museums, owned by the Federal Government are not in the public domain.
Marks that cannot themselves be registered as trademarks but have achieved secondary meaning can still be protected from unfair competition; under the 1881 Act, circuit courts do not have jurisdiction over a dispute by two parties of the same state not involving a registrable trademark Clinton E. Worden & Co. v. California Fig Syrup Co.
Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. (194 F.3d 1211 (11th Cir. 1999)) [1] is a United States court case that involved a longstanding dispute about the public domain copyright status of the text of Martin Luther King Jr.'s famous speech, known by the key phrase "I Have a Dream", originally delivered at the August 1963 March on ...
The Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d),(passed as part of Pub. L. 106–113 (text)) is a U.S. law enacted in 1999 that established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name.