Lanham Act

1. Best Publicity Rights and Lanham Act Claims for Tripper against Topcat and AND1. 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

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

its power to regulate. The Lanham Act defines the term trademark to include “any word, name, symbol, or device, or any combination thereof . . . to identify and distinguish his or her goods . . . and to indicate the source of the goods, even if that source is unknown.” The United States Patent and Trademark Office and the U.S. federal courts have interpreted the definition liberally allowing a breath of nontraditional marks to be registered if it. The Lanham Act only affords protection to devices

brought up that alterations and the deceptive nature of an edited photo can potentially violate consumer protection laws in the US, specifically the Federal Trade Commission Act (“FTC Act”) and the Lanham Act. The FTC Act of 1914 covers methods of unfair competition, and it was changed in 1938 to include “unfair or deceptive acts or practices” declaring that unfair or deceptive methods of competition that affect commerce are unlawful. Little change or clarification has been made to its wording since

understanding of her son which leads her to employ people to fix her son for her. Daisy gives in to what the school told her is best when, “It was arranged that Donny would visit a psychologist. Mr Lanham knew just the person. He would set this boy straight he said...Daisy held her stomach in and gave Mr. Lanham a firm, responsible handshake” (Tyler 288). Her self-doubt and ignorance here allows other people tell her what is best for her son, and she blindly listens. Daisy thinks to herself that she was

I. Introduction The Lanham Act provides two avenues for a dissatisfied party, e.g., a dissatisfied trademark applicant, to appeal a final Trademark Trial and Appeal Board decision. Although some similarities may exist between the two available avenues, this article examines the advantages and disadvantages facing litigants in their venue determination for appeals involving ex parte proceedings, while briefly outlining significant distinctions for appeals involving inter partes proceedings. II. Forum

As per your request, the following captures my suggestions aimed at addressing the outlined issues (1) Trade Dress under the Lanham Act, (2) Copyright protection of the design (3) Design Patent under the Patent Act. As our client has described it, the cell phone holder he is seeking to protect is made up of steel wire and has structure similar to that of a paper clip. In addition, it has two bright orange soft flexible “hands” to hold the sides of the phone, covering what would otherwise be hard

Education has been an important part of society for centuries. Over the years it has slowly evolved into what it is today. The topic of education has been controversial since the beginning. It seems as though there is always someone that sees a need for change in how students are being taught and assessed. More specifically, many people think that standardized testing is not an effective way to assess students. While on the other hand, many also believe that standardized testing is the most efficient

learn from him, as he learns to love and care about others. At the end, he realizes his real family is not his crew, but his daughter and grandson, as well as the folks in the town. There’s a lot to like about this script. There’s a well-defined three-act structure. The goal is clear and the stakes are high. There are some nice plants and payoffs (the bracelet). First, the opening sets the tone for this

Whether or not the readers enjoy reading or are fond of the play, Hamlet, it’s obviously true that Hamlet’s procrastination on taking revenge for his father’s death is a constantly recurring theme throughout the play. To begin with, after the ghost reveals the truth of Claudius killing King Hamlet Sr to Hamlet and demands Hamlet to seek revenge, Hamlet is somewhat convinced but mostly unsure about what he heard from the ghost, “The spirit that I have seen may be a devil, and the devil hath power