The Bottom Line When considering using graffiti or street art as part of a commercial production, including in advertising, social media or other marketing efforts, the same considerations addressed when clearing the use of other copyrighted or trademarked materials should be taken into account. Continue Reading
What’s In a Name?
5th Edition: Trends in Marketing Communications Law Selecting the title of a film, book or other creative content can be a daunting task. The creator must convey a message about the content and draw interest from the viewer. Also to be considered is that the title can become intertwined with the Continue Reading
NCAA Obtains Injunction Over “March Madness” and “Final Four” Trademarks
The Bottom Line The NCAA has a history of diligently monitoring "Final Four," "March Madness" and other trademarks connected to the Division I Men's Basketball Tournament, and will be quick to act on unauthorized uses, especially when used to market or promote third-party products. Although Continue Reading
Practical Law: The Journal | Trademark Laws: New York
NYSBA Bright Ideas | Using Third Parties’ Trademarks: Unpacking
“Nominative Fair Use” Defense May Enable Use of Another’s Trademark
4th Edition: Trends in Marketing Communications Law Certain third-party trademark uses can be deemed a "nominative fair use" that does not infringe another's trademark rights even in the absence of permission to use the other's mark. For example, "Our show will feature the GRAMMY AWARD® winning Continue Reading