2003 Trademark Cases

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Mattel Inc. v. Walking Mountain Productions

Posted on 09/5/2007 by Keith Henning

I continue with another of trademark law’s greatest hits. Take away: “Accordingly, the public interest in free and artistic expression greatly outweighs its interest in potential consumer confusion about Mattel’s sponsorship of Forsythe’s works. ” p. 37.
What was all the fuss about?

The question from this case I have not seen tested is when does a TM become a [...]

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Kellogg Company v. Toucan Golf, Inc.

Posted on 09/5/2007 by Keith Henning

Yes, this is an old case. But, in combines 2 of my favorite things - the Lanham Act and golf (and you thought I was all about copyrights). Plus, it has the benefit of having cartoon pictures in the opinion, which is idiocyncratic to trademark cases. Not only does this case state trademark law essentials [...]

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