· 2/21/2013
Eastland Music Group, LLC v. Lionsgate Entertainment, Inc.
Citations
- 707 F.3d 869
- 106 U.S.P.Q. 2d (BNA) 1078
- 2013 WL 628273
- 2013 U.S. App. LEXIS 3621
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that if the defendant’s work bore the same name as the plaintiff’s, “allegations of confusion ... could be omitted from the complaint”
- noting that if the defendant’s work bore the same name as the plaintiff’s, “allegations of confusion . . . could be omitted from the complaint”
- reasoning that any allegation of confusion as to the source of the defendant’s product based on its title “would be too implausible to support costly litigation”
- “It is unnecessary to consider possible constitutional defenses to trademark enforcement, ... [when the] complaint fails at the threshold.”
- “Only a confusion about origin supports a trademark claim, and ‘origin’ for this purpose means the ‘producer of the tangible product sold in the marketplace.’ ”
- “Dastar held that trademark law cannot be used to obtain rights over the content of an artistic work; that would amount to an indefinite extension of a copyright.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Flaum, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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