trademark and unfair comp. boston college law school april 15, 2009 merchandising, referential use

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Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

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Page 1: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

Trademark and Unfair Comp.

Boston College Law School

April 15, 2009

Merchandising, Referential Use

Page 2: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

Boston Marathon

Page 3: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

Merchandising

Page 4: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

Boston Professional v. Dallas Cap

Page 5: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

Merchandising Hypos

• Temporary sports logo tattoos• Tattoo parlor offering sports logo tattoos• Sports logo face painting• T-shirts

– “I love the Red Sox”– “Yankees Suck”– “Proud Boston College Parent”

• School ring with the school logo

Page 6: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

Yankees Suck

Page 7: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

SFAA v. USOC

Page 8: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

New Kids v. News America

• “New Kids on the Block are pop’s hottest group. Which of the five is your fave? Or are they a turn off? … Each call costs 50 cents. Results in Friday’s Life section.”

Page 9: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

Playboy v. Welles

<html><head><title>Terri Welles Erotica</title><META NAME="description" CONTENT="Playboy Playmate Of The Year 1981 Terri Welles website featuring erotic nude photos, semi-nude photos, softcore and exclusive Members Club"><META NAME="keywords" CONTENT="terri, welles, playmate, playboy, model, models, nude, naked, breast, …

Page 10: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

Administrative Details

• Assignment– Finish Syllabus– Omit last two cases (PETA and Falwell)

Page 11: Trademark and Unfair Comp. Boston College Law School April 15, 2009 Merchandising, Referential Use

Int’l Order of Job’s Daughters