White V Samsung Case Summary

Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report.

To properly understand the events a chronological descripcion of the litigation is to be provided.

The trial court judged in favor of Plaintiff, thus, Plaintiff won and Defendant lost. The question of fact was if a contract existed between the parties. The trial court decided that the contract existed, even Ivan was against it, if he had read through Application for Advertising, he would have realized that he was signing contract.

Topcat’s “My Trip with Tripper violates Woody’s right of publicity and the Lanham Act, because Topcat is using Tripper’s plaintiff’s character and likeness for Topcat’s purely commercial purposes without consent, and he is using Tripper’s trademark in ways that imply Tripper’s endorsement of Topcat’s poster. Thus, Tripper should be afforded a permanent restraining order to prevent Tripper and AND1 from selling the poster, and he should additionally be awarded the monetary damages for the losses from the inability to secure other endorsement deals and a poster agreement with Panini due to Tripper’s damages reputation that resulted from Topcat’s

Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)

The proof of discriminatory intent is not required and although the court concluded that TVA’s processes with interviewing had been manipulated to exclude African-American candidates in general, the court disagreed, citing the “lack of statistical proof demonstrating that a protected group was adversely affected thus establishing a “prima facie” case” (Walsh, 2010). Dunlap did not prove, within the evidence presented, that the procedures TVA used were practiced prior. Although the district court concluded that “TVA's interview process had been manipulated to exclude African American candidates” (Walsh, 2010), the court of appeals disagreed because it did not believe there was analytical data that blatantly prove how any protected group was impacted adversely. The court found that Dunlap can only challenge his specific interview processes and not an entire group.

In 1946 the United States Government and Congress introduced the Lanham Act, This can be found in Title 15 Chapter 22 of the U.S Code. (U.S Legal Definitions) The Act was named after Fritz. G. Lanham, and it was “signed into Law by President Harry Truman and took effect in 1947.” (U.S Legal Definitions) They were able to do this because of the power of the “Commerce Clause.” The Lanham Act is part of common law, where they protect consumers and other businesses from confusion or dilution by forcing businesses to register their trademarks. (Cornell Law) What this does is stop other businesses from using similar names, symbols, slogans or likenesses that another company has registered with the trademark agency. The Lanham Act covers and multiple

The federal trademark-registration program confers additional benefits and protections. Contrary to the majority’s opinion in the decision below, federal registration is not a prerequisite to invocation of remedies under the common law or under the Lanham Act. The owner of any mark may invoke remedies that Congress made available under §1125. Additionally, §43 of the Lanham Act is available to protect all designations of marks, especially those that cannot be registered under

In the Northern Georgia District Court Ellis attempted to sue Cartoon Network on the grounds that they violated the Video Privacy Protection Act. However, the case was dismissed for multiple reasons. Ellis then appealed the decision and the case was pushed up to the Eleventh Circuit Court of Appeals. In the circuit court, the

White v. Samsung Electronics America, Inc. Case Brief Considering the 1992 case, White v. Samsun Electronics America, Inc, publishers need to be careful around the issue of commercial appropriation. White sued Samsung Electronics for publishing a magazine advertisement displaying a robot imitating Vanna White’s TV personality on the “Wheel of Fortune”. White won the case in the Ninth Circuit, and the inaction of the Supreme Court has left this issue unresolved in many jurisdictions (Zelezny, 2011).

be described. Jurisdictional requirements for this case as well as the reasons why it was heard at

In the United States, trademark law does not steam from the Intellectual Property Clause of the Constitution. Congress’ power to regulate commerce empowers its ability to grant monopolies to business with the purpose of protecting consumers, laying the foundation element of use in Trademark. The use requirement is necessary for congress to be able to exercise its power to regulate.

1. Identify the key problem in the case and explaining why it is the key problem.

Additionally, §1114(1)(b) of the United States Code explains that “any person who shall, without the consent of the registrant reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion…shall be liable in a civil action by the registrant.” Thus, the Lanham Act provides a cause of action for consumers, markholders without a federally registered trademark, and markholders with a federally registered

The courts ruled that the plaintiff had not right to use such coercive methods when competing for business and the liability was clear in this circumstance. The defendant was awarded $1250.00 by the plaintiff for compensatory damages and $4000.00 was awarded by the association for exemplary damages. Plaintiff attempted to appeal stating the awarded amount was excessive; the courts ruled that the amount awarded was not excessive and denied the appeal from the plaintiff. No dissenting opinion was made.