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Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

43(B)log

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

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TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

43(B)log

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Use=is it in fact being used by this party as a TM.

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When you can't know a book by its title, and the law may even leave you confused

The IPKat

An international bestseller, it was the focus of a publishers' bidding war at the 2013 London Book Fair.[2] Title of a Single Creative Work The title, or a portion of a title, of a single creative work must be refused registration under §§1, 2, and 45 of the Trademark Act, …. So, there it is. identifies a specific literary work.

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