We beforehand lined the trademark lawsuit filed by Misplaced Worldwide towards Girl Gaga over her use of “Mayhem” in connection together with her album, tour, and associated merchandise. Now the court docket has dominated, denying Misplaced’s movement for a preliminary injunction. On this episode of The Briefing, Weintraub Tobin companions Scott Hervey and Tara Sattler break down the court docket’s order and what it alerts in regards to the Rogers take a look at after the Supreme Court docket’s Jack Daniel’s resolution.
On this episode, they cowl:
Why the court docket utilized the Rogers take a look at as an alternative of the standard Sleekcraft probability of confusion evaluation
How the court docket handled tour merchandise tied to an expressive work underneath Ninth Circuit precedent
What “creative relevance” means and why that prong was simply met right here
Why “use of the mark alone” was not sufficient to indicate the use was explicitly deceptive
How this ruling suits into the broader publish Jack Daniel’s panorama, together with latest Ninth Circuit developments
Tune in for a transparent take a look at the place trademark legislation meets tour merchandising and First Modification protections.Watch this episode on YouTube or hearken to the podcast right here.
