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Entertainment Law & Finance

June 1, 2007

Trademark Fair-Use Analysis Hits Snag

Case Involves ‘Boston Legal’ TV Show

By Steven M. Weinberg

Few issues in trademark and advertising law can compete in importance with this: whether a competitor can use another’s trademark in advertising its products or services. With the battle for consumer attention growing increasingly aggressive as the number of products and services proliferate, and the means for advertising and promoting them expanding at an even more alarming rate, the importance of brands and their recognition by consumers — and the surrounding legal issues — have never been more significant.

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