Court finds newspaper's survey not infringement on trademark
Article Abstract:
The US Court of Appeals for the 9th Circuit has ruled that a newspaper and magazine's use of the rock group New Kids on the Block's name in surveys of their fans was not an infringement of the group's trademark. The group argued the media had misused their name for commercial gain. The court, however, stated that the group had suffered no loss of business from the surveys and that fans had not been led to believe the surveys were sponsored by the group, so the media's use of their name had been reasonable.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1992
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Column name may be trademark, court rules
Article Abstract:
The US Court of Appeals for the 9th Circuit ruled in Metro Publishing Ltd v. San Jose Mercury News that the San Jose newspaper was engaging in trademark infringement. When the paper changed its weekend supplement's name to 'eye,' this bore too great a resemblance to the title 'Eye' used in a feature column in 'Metro,' a Santa Clara County entertainment weekly. The court felt that the trademark did not need to be registered in order to merit protection.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1993
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'Hog" not a protectable trademark for Harley-Davidson
Article Abstract:
The US 2d Circuit Court of Appeals, in Harley-Davidson Inc. v. Grottanelli, ruled that the company did not have a protected trademark interest in the use of the word "hog" to describe its motorcycles. The court pointed out that the word "hog" was used to describe large motorcycles generally for several years before the company started using the word as a trademark and it has retained its generic meaning.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1999
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