Dastar

Supreme Court Rejects Bid to Extend Copyright Protection Via Trademark Law The Washington Post has this report about the Supreme Court's recent decision in Dastar Corp.v. 20th Century Fox Film Corp..

nerdlaw.org 2003

Mp3. com is then actually producing the copies of the names and likenesses, just like Dastar in Dastar.

Archive 2009-03-01 Rebecca Tushnet 2009

(Why this is barred by Dastar, especially in a §43 (a) (1) (B) claim, specifically mentioned by Dastar as remaining available, is a mystery to me.)

Archive 2009-02-01 Rebecca Tushnet 2009

“Origin of goods” under Dastar means only the producer of the tangible goods, not the author of any idea, concept or communication embodied in those goods.

Archive 2009-03-01 Rebecca Tushnet 2009

The Federal Circuit agreed with Molten that Dastar barred the entire claim.

Archive 2009-02-01 Rebecca Tushnet 2009

True, Dastar said that a false advertising claim could survive if the copiers of the Crusade series gave purchasers the false impression of significant difference from the original Time/Life series, giving rise to a claim for misrepresentation of nature, characteristics or qualities.

Archive 2009-02-01 Rebecca Tushnet 2009

Lapine also alleged a §43 (a) (1) (B) false advertising claim, but, like other courts in the Second Circuit, the court read Dastar to preclude any such claim.

Archive 2009-09-01 Rebecca Tushnet 2009

The district court rejected claims based on ads using “proprietary” and “exclusive,” as barred by Dastar.

Archive 2009-02-01 Rebecca Tushnet 2009

Lapine also alleged a §43 (a) (1) (B) false advertising claim, but, like other courts in the Second Circuit, the court read Dastar to preclude any such claim.

Are they made with real Girl Scouts? Cookbook claim fails Rebecca Tushnet 2009

A very interesting case in which Dastar was used to bar what I would have thought was a claim for express misattribution not covered by Dastar (though disallowed by other doctrines).

Archive 2009-03-01 Rebecca Tushnet 2009