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In a nearly 50-page precedential opinion, a Trademark Trial and Appeal Board (TTAB) panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become. In ruling also of great significance to the entertainment industry, the TTAB panel ordered cancellation of a registration for TAO VODKA for alcoholic beverages, excluding beer, because the registrant had not used the trademark in commerce as of the filing of its declaration of use, and the trademark was likely to cause confusion with the registered mark TAO for restaurants and nightclubs, which the TTAB held is famous. Tao Licensing LLC v. Bender Consulting d/b/a Asia Pacific Beverages, 92057132 (TTAB 2017).
By Tony Mauro
The justices in Murphy v. National Collegiate Athletic Association found the 1992 Professional and Amateur Sports Protection Act infringed on state sovereignty. The decision could transform sports and sports gambling from coast to coast.
By Andrew Denney
Legislature Considers Publicity Law Update
Ruling in a matter of first impression, New York’s high court dismissed suits filed by Lindsay Lohan and the daughter of ex-mobster Sammy “The Bull” Gravano against the makers of Grand Theft Auto V, by disagreeing with the plaintiff's claims that characters in the game were intended to be their look-alikes.
By Stan Soocher
The Supreme Court of Indiana accepted a certified question from the U.S. Court of Appeals for the Seventh Circuit involving the interpretation of the state’s right-of-publicity statute.
By Crystal Genteman and Chris Bussert
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News’s viewership and its ability to license its news clips to third parties.