We know from X One X that putting public domain images on a red sequined shoe would infringe Warner’s character copyright in movie Dorothy Gale. How about this picture? Any trademark issues?
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Recent Posts
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
- Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery
- Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims
- false advertising’s injury requirement causes reverse passing off claim to fail
- laches, once established, bars Lanham Act claims even during more recent periods
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Rebecca Tushnet 