Wednesday, November 21, 2012
The Hollywood Reporter on TM claims against films
One of the key sentences: "Nevertheless, for a number of technical legal reasons, some attorneys say that trademarks now serve as better weapons in court than more traditional copyrights, harder to defeat at the early stages of a lawsuit." Unfortunately, the story suggests, Hollywood is learning the wrong lesson: try to interfere with legitimate uses (such as uses of public domain works or works whose copyright has been recaptured by the original author using termination of transfer) with trademark claims. Let's hope that part is wrong.