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Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under TrademarkLaw. This issue was very recently seen in the case of the limited-edition Ferrari 250 GTO.
However, moral rights in the United States are much more limited than in European countries: the basic attribution and integrity rights extend only to authors of visual works, and these rights last only for the lifetime of the author. First, VARA can and probably should be vastly expanded to protect a wider range of artisticworks.
In a twist, however, it is not copyright law, but rather an expansive view of trademarklaw, that poses this threat. Authors often draw on these shared associations in their literary works, sending beloved fictional characters to real colleges, serving them familiar cereals, and outfitting them in well-known clothing labels.
” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artisticwork. Rogers , 875 F.2d 2d at 996] The Rogers court held, at least as to the dancer’s Lanham Act claim, that the defendant was entitled to summary judgment.
What Constitutes ‘ use’ of a Trademark While the Commercial Court appears to have sided with the respondents (Shane Ali) after prima facie finding the mark used in the film to be deceptively similar to the NBC logo, what appears to have been overlooked, is that there was no ‘use’ of trademark in the first place.
It was insufficient to allege that Simplify “has deprived [him] of the fundamental value of his name and abilities with regard to editing the publication,” or that his inability to control the quality of the work “depriv[ed] him of the ability to maintain his reputation and standing in the marketplace.” But Abrahams failed to do so.
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