Intellectual Property Strategy * IPR Attorneys & Patent Research Lawyers

Home » Business News » Ninth Circuit Withdraws Holding That Characters Do Not Function as #Trademarks

Ninth Circuit Withdraws Holding That Characters Do Not Function as #Trademarks

Ninth Circuit Withdraws Holding That Characters Do Not Function as Trademarks

In an unexpected decision, the U.S. Court of Appeals for the Ninth Circuit issued an amended opinion in the closely watched case Fleischer Studios, Inc. v. A.V.E.L.A., Inc., No. 09-56317 (9th Cir. Aug. 19, 2011) involving trademark and copyright infringement of the cartoon character Betty Boop. This new opinion supersedes the original February 23, 2011 opinion that had been widely critiqued for its holding that the image of Betty Boop, as used by the defendants on t-shirts and handbags, was "aesthetically functional" and therefore not protectable as a trademark. Fleischer Studios filed a petition for rehearing or rehearing en banc of that opinion in April. The Ninth Circuit’s amended opinion denies the petition as moot, and without any mention of aesthetic functionality, remands the trademark infringement claims to the district court.

Fleischer Studios, run by the family of Max Fleischer, the creator of the Betty Boop character, sued A.V.E.L.A. and others for copyright and trademark infringement for unauthorized use of the Betty Boop image on handbags and t-shirts. The district court granted summary judgment for the defendants on both claims.

Full Article Source: http://www.jdsupra.com/post/documentViewer.aspx?fid=c3be6008-ef2d-4c9f-8418-7121bd5dc115

LinkedIn: http://www.linkedin.com/in/rahuldevkumar

Facebook: http://www.facebook.com/INTELLECTUALPROPERTY.LAWFIRM.TECH.CORP.LEGAL

Twitter: http://twitter.com/rdpatentlawyer

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: