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Intellectual Property Trademarks

Recent Trademark In Titles Cases Show ‘High Bar’ for Proving Public Was ‘Explicitly Misled’

When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject

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When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act, 15 U.S.C. §1051 et seq. Many of these battles play out in courts in the U.S. Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject — many of them from lawsuits that have arisen in the entertainment industry.

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