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Bit Parts

By Stan Soocher

TV Show Titles/Copyright, Trademark Claims

The U.S. District Court for the Eastern District of Michigan dismissed copyright infringement and trademark claims filed over the title to the TV show “Dancing with the Stars.” Lahera v. The Walt Disney Co., 08-11677. Plaintiff Juan Lahera wrote the song “Rosana,” which contained the phrase “dancin' with the stars” and a song titled “Dancing with the Stars.” The district court noted of Lahera's copyright infringement claim over the first song: “There is no evidence that Defendants heard 'Rosana' nor is there evidence that Defendants had a reasonable opportunity to hear 'Rosana.' Lahera: 1) wrote the song while housed in a federal prison; and 2) does not provide evidence that the song was publicly released.” The court further explained: “'Dancing with the Stars' is the name of a television show; 'Rosana' is a musical composition. There is no similarity between the two works.” As for Lahera's claims under the Lanham Act, including for unfair competition, the court emphasized that a song isn't protectable as its own trademark under the Lanham Act.

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