By Tikwiza Nkowane|www.amdlawgroup.com A federally protected trademark can be retained indefinitely if maintained in accordance with the laws. After going through the effort of obtaining federal protection of a Trademark,...
Originally posted 2013-03-07 17:10:31.
By Tasha Schmidt | amdlawgroup.com
If you were thinking about having an Oscar themed party and furnishing it with replicas of the iconic gold Oscar statues, you should probably think twice. The Academy of the Motion Picture Arts and Science has a reputation for defending their copyrights and trademarks. And this is exactly what they did with the company TheEventLine.com. Back in March 2011, the Academy sued the company on the grounds that they violated the copyright and entertainment law provisions. The Academy claims that the company did this through selling and marketing replica Oscar statues. It was also noted by the Academy that they brought this to TheEventLine.com’s attention when they sent them a letter regarding the copyright infringement that was going on, however, the correspondence went unanswered.
Then in June, TheEventLine.com decided to file a counterclaim that their statues were not “strikingly, substantially, or confusingly,” similar to the Academy’s Oscar statues.” Additionally, following this, the company then released a line of new statues that were more similar than the traditional Oscar statues except for the fact that they were a bit more muscular.
TheEventLine.com, after a prolonged court battle, agreed to stop selling and renting these Oscar statue replicas and also pay the Academy’s attorney fees.
Los Angeles Times, http://www.latimes.com/entertainment/envelope/cotown/la-et-ct-oscars-lawsuit-20130222,0,409322.story