Tag Archives: Protectable

Belmora doesn't replace 43(a)'s usual requirement of protectable subject matter in standard trade dress case

Secret of the Islands, Inc. v. Hymans Seafood Company, Inc., 2019 WL 917209, No. 2:17-cv-342-BHH (D.S.C. Feb. 25, 2019)SOTI sells salt scrubs and other body products; salt scrubs can be used as hand soap, but also exfoliate and moisturize. Hymans … Continue reading

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Taste Held Not Protectable Under European Copyright Laws

Earlier this month, the European Court of Justice ruled that the taste of a food product is not eligible for protection under EU copyright laws. The ruling by European Union’s highest legal authority, which is binding on all EU member … Continue reading

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“Brother Thelonious” Monk’s Likeness Protectable Decades After Death

Earlier this month, a California federal judge kept alive a suit brought by the estate of famous jazz musician Thelonious Monk against North Coast Brewing Co. for trademark infringement and infringement of the right of publicity. The dispute centers around … Continue reading

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Provocative Uniforms, Protectable Trade Dress?

Move over Collar and Cuffs, a new trade dress suit has hit the Texas courts and it is set to rival the Chippendale headlines from earlier this fall. The Texas restaurant, Twin Peaks, recently filed suit against the owner of … Continue reading

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Recent Scholarship: Womens Reproductive Health as a Protectable Interest

Beth Burkstrand-Reid, Visiting Assistant Professor at the University of Illinois College of Laws article: “The Invisible Woman: Availability and Culpability in Reproductive Health Jurisprudence” will appear in a forthcoming issue of the Colorado Law Review. In the article, Professor Burkstrand-Reid… … Continue reading

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