Monthly Archives: February 2015

Irreparable harm teleseminar: rescheduled for March 6

Via the ABA Antitrust Section: Please click on the link below to register for a timely lunchtime teleseminar where our panel of experts will address the status of “irreparable harm” in Lanham Act false advertising cases.   Recent cases have … Continue reading

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kitsch doesn’t violate the right of publicity

Rosa and Raymond Parks Institute for Self Development v. Target Corp., No. 2:13-CV-817 (M.D. Ala. Feb. 9, 2015)   The Parks Institute, a 501(c)(3) corporation, “owns the name and likeness of the late Rosa Parks,” an icon of the civil … Continue reading

Posted in first amendment, right of publicity | Leave a comment

Transformative work of the day, Power Rangers edition

Words I never thought I’d type: Katee Sackhoff and James van der Beek star in a short fan film of the Mighty Morphin Power Rangers, all grown up, called Power/Rangers.  NB: the producer calls this his “Bootleg Series.”

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Fair Use Week!

The OTW supports Fair Use Week. And if you support fair use, why not support the OTW? Also, I enjoyed Laura Quilter’s post on the uses of parody.

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Trademark/right of publicity questions of the day

Via Mycokerewards: Do the referenced bands have any claims against Coke, assuming this was done without permission?  Does New Kids apply to a promotional site like Mycokerewards?  Do the comparisons/food jokes suffice for transformativeness? Coke’s “vote for your favorite food-inspired … Continue reading

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False claims of third-party endorsement actionable as false advertising

Fringe Insurance Benefits, Inc. v. Beneco, Inc., No. A–13–CV–034, 2015 WL 631181 (W.D. Tex. Feb. 11, 2015) (magistrate judge)   The parties compete to provide employee benefit plans; FIBI and Beneco specialize in fringe benefit services to government contractors who … Continue reading

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Transformative work of the day, superhero edition

Superhero keyboard skin, via Deborah Gerhardt.  There’s only one problem with it (hint: check out the W).

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