Emi Catalogue Partnership and Emi Robbins Catalog Inc. v. Hill, Holliday, Connors, Cosmopulos Inc. And Spalding Sports Worldwide

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a single work of artistic expression is entitled to protection if the title has acquired secondary meaning
• holding that a single work of artistic expression is entitled to 22 protection if the title has acquired secondary meaning
• holding that, although the word “Swing” “undoubtedly describes both the action of using a golf club and the style of music on the soundtrack,” “Swing, Swing, Swing [wa]s not necessarily [descriptive]”
• holding that the slogan “Swing Swing Swing” for golf clubs was not descriptive because “the ordinary term for [a golfer’s] action involves the single word ‘swing’”
• holding that the fair use defense protects a defendant who uses a term “(1) other than as a mark, (2) in a descriptive sense, and (3) in good faith”
• holding that material issues of fact existed as to whether use of the slogan “Swing Swing Swing,” playing off of the trademarked song title “Sing Sing Sing (with a Swing),” was fair use, notwithstanding our holding that the slogan was not used as a mark

Source: CourtListener parenthetical corpus (CC0).