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July 2003
(Issue No. 1: Decisions published June 15–30)
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Visual Artists Rights Act Preempts Lanham Act Claims Based On Removal Of Sculpture From Building Wall |
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Board Of Managers Of Soho Int'l Arts Condominium v. Forrest Myers, et al. (artist has no Lanham Act claim against building owner who removed sculpture) |
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Court Rejects Dilution By Tarnishment Claim Based On Link To Pornographic Site Appearing On Same Web Site Where Plaintiff's Mark Appears |
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Voice-Tel Enterprises, Inc., v. Joba, Inc. (presence of links to third-party pornographic web sites, appearing in web site bearing Plaintiff's mark, does not cause dilution by tarnishment) |
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Fair Use Protected Use Of "Tiger Woods" In Connection With Art Print Depicting His Victory At The 1997 Masters Tournament |
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ETW Corp. v. Jireh Publishing, Inc. (First Amendment concerns outweigh any possible confusion as to source or endorsement) |
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District Court Erred In Finding IMARKETING NEWS Generic As A Matter of Law |
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Courtenay Communications Corp. v. Hall (summary judgment reversed because district court applied incorrect legal standard in finding mark generic) |
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Geographic Scope of Injunction
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Evidence Did Not Support Nationwide Scope of Injunction |
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Emergency One, Inc. v. American Fire Eagle Engine Company, Inc. (nationwide injunction vacated because no evidence regarding areas where senior user used its mark) |
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Under Pennsylvania Law, Advertising Injury Clause Covered Insured For Trademark Infringement Claim |
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CAT Internet Services, Inc., et al. v. Providence Washington Insurance Co., et al. (ordering publication of prior opinion at 2002 U.S. App. LEXIS 28127) |
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Person's Name Used For Scholastic Prize
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Preliminary Injunction Granted To Enjoin Use Of Plaintiffs' Late Father's Name As Name Of Scholastic Prize |
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Bueno v. Dance Perspectives Foundation, Inc. (defendant agreed to cease using name of plaintiffs' deceased father) |
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Statute of Limitations – Dilution
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Three-year Limitations Period Applicable to State's Anti-dilution Law Barred Federal Dilution Claim. |
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Board Of Managers Of Soho Int'l Arts Condominium v. Forrest Myers, et al. (most analogous New York statute is the state's anti-dilution law, N.Y. Gen. Bus. § 360-1, which has a three-year limitations period) |
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Preliminary injunction Denied In Dispute Over Bar and Dance Club Trade Dress |
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Do The Hustle, LLC, et al. v. Rogovich, et al. (plaintiff did not show likelihood of suceess on confusion issue) |
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Art Print Depicting Tiger Woods At The 1997 Masters Tournament Does Not Violate Lanham Act |
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ETW Corp. v. Jireh Publishing, Inc. (First Amendment concerns outweigh any possible confusion as to source or endorsement) |
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