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Bodily Appropriation" Of A Creative Work: Can Trademark Law Provide A Remedy When Copyright Law Cannot?

Can the victim of infringement of a creative work find relief under the trademark law, when relief under the copyright law may not be available, without the need to prove likely consumer confusion? With the Circuit courts split, the Supreme Court recently agreed to decide the issue in <i>Dastar Corp. v. Twentieth Century Fox Film Corp.,</i> U.S. NO. 02-428 (granting <i>cert.</i> on January 10, 2003)

8 minute read April 01, 2003 at 12:45 AM
By
Jeanne Hamburg
Bodily Appropriation" Of A Creative Work: Can Trademark Law Provide A Remedy When Copyright Law Cannot?

Can the victim of infringement of a creative work find relief under the trademark law, when relief under the copyright law may not be available, without the need to prove likely consumer confusion?

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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