Once a company owns a trademark, it must police the mark for unauthorized use, or risk losing its rights. As a result, companies will send “cease and desist” letters to enforce and protect their marks. At times, however, legal rights are only one consideration. Public opinion and consumer perception are also part of the equation, as the Aloha Poke Co. (“Aloha Poke”), a Chicago based restaurant, recently learned firsthand.
The Sixth Circuit shook up copyright law – and had some fun with it – in the recent decision Varsity Brands, Inc. v. Star Athletica, with reasoning that hinged on an unusual proposition: “[a] plain white cheerleading top and plain white skirt still cover the body and permit the wearer to cheer, jump, kick, and flip.” (No. 14-5237, 2015 U.S. App. LEXIS 14522, *51 (6th Cir. Aug. 19, 2015).) The decision, which found a protectable copyright in stripes, chevrons and patterns on uniforms, stood conventional wisdom on its head, flipped the usual script of copyright analysis, and gave new cheer to fashion designers, who are typically shut out from copyright protection.
Topics/Tags
Select- Litigation
- Class Action Litigation
- Appellate Law
- Cybersecurity and Privacy Law
- Data Breach
- E-Discovery
- Securities Law
- Coronavirus
- Sixth Circuit
- Supreme Court
- Intellectual Property
- Social Media
- Trademark
- Trademark Litigation
- Initial Coin Offering
- Bet-the-Company Litigation
- E-Discovery Case Law
- Electronic Data Discovery
- Antitrust
- Federal Rules of Civil Procedure
- Employment Law
- ESI
- Workplace Accommodations
- Employer Policies
- Labor & Employment Law
- Labor Law
- Technology
- ERISA
- Stock Drop
- GDPR
- General Data Protection Regulation
- Cryptocurrency
- SEC
- Securities Litigation
- Ascertainability
- Craft Brewing
- Cybersecurity Regulation
- Drug Enforcement Agency
- Medical Marijuana
- Ohio Foreclosure Reform
- Copyright Law
- Environmental Law
- Fair Housing Act
- Health Care Act
- Healthcare Reform
- Pregnancy Discrimination
- Religion Discrimination
- Seventh Circuit
- Accommodation
- Americans with Disabilities Act
- Cyber Insurance
- EEOC
- Electronically Stored Information
- FLSA
- Lenders
- Proportionality
- Receivership Statute
- Telecommuting
- Business Process Improvement
- Employer Handbook
- Employer Rules
- Employment Litigation
- National Labor Relations Act
- National Labor Relations Board
- NLRB
- Unions
- E-Discovery Project Plan
- Evidence
- Predictive Coding
- TAR ( Technology Assisted Review)
- Quality Representation
- Subpoena
- Arbitration
- CAFA
- Land Use & Zoning
- Construction Litigation
- Privacy
- Statute of Limitations
- Taxation
- Federal Rule
Recent Posts
- Agency Deference Loses its Luster Under Ohio Law—Is Interpretation of Administrative Statutes Ohio's Next Legal Hot Topic?
- United States Supreme Court Clarifies Boundaries of Federal Civil Rule 60(b)
- Motion for Reconsideration in an Appeal: Sometimes the Court will Reconsider if you Argue its Initial Decision was Just Wrong
- TransUnion LLC v. Ramirez and the Impact on Class Action Litigation
- Questioning the Questionnaires: New PPP-Related Litigation Raises Issues for Borrowers
- "You Don't Have to Go Home But You Can't Stay Here": Updates to Ohio and Kentucky’s COVID-19 Orders Impacting Bars & Restaurants
- Kentucky Restaurants Begin Opening with Limited Capacity Amid COVID-19 Epidemic
- Ohio Restaurants and Bars Begin Soft Openings for Diners Amid COVID-19 Epidemic
- Supreme Court Sidesteps “Cy Pres” Challenge
- Golfers, New and Old - Be Careful!