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Last week, a California federal judge ruled that NBCUniversal cannot escape a trademark infringement claim in a dispute over royalty payments for its use of the iconic DeLorean DMC-12 sports car on "Back to the Future" merchandise. According to the Judge's Order, the dispute stems from a 1989 agreement that Amblin Entertainment Inc. and Universal Pictures reached with John Z. DeLorean under which the entertainment companies were granted rights to the name, logo and appearance of the DeLorean car for use in merchandising related to the "Back to the Future" film series. Under the agreement, revenues are only owned when the name, logo or likeness of the DeLorean car is "primary or central to an item of merchandising or a commercial tie-up." John DeLorean's company went bankrupt 1982 and all of its assets were purchased by a liquidation company and eventually sold to the current plaintiff, a car restorer in 1997. John DeLorean died in 2005 and there remains an issue over whether the 1989 agreement was assigned from John DeLorean to any successors. NBCUniversal has continued to pay royalties under the agreement to the new 1997 entity, but the DeLorean estate claims it is the rightful owner. This case will now go to trial to clear up the mess. This case demonstrates how deeply intertwined trademark law is with other areas, especially estate law. #brandprotection #trademarks #estateplanning #trademarkinfringement https://buff.ly/3SWTcnv

License agreements allow trademark owners to make additional revenue. This situation between NBC and DeLorean serves as a reminder that licensees need to be make sure they follow the terms of those agreements. https://lnkd.in/esacz8EN #trademark #entertainment _____________________________ If you need help with protecting your brand/trademarks, click here the Book an Appointment link above. Free business checklist: jllaw.net/registration

“BACK TO THE FUTURE” AND TRADEMARK DISPUTES: THE SAGA OF THE DELOREAN Few movies capture the imagination like “Back to the Future.” With its stellar cast, captivating premise, and brilliant script, it’s no wonder it has become classic. Yet, behind the scenes lies a story of intellectual property disputes, muddy facts, and legal battles. At the heart of it all stands a car – the DeLorean DMC-12. While Michael J. Fox and Christopher Lloyd shine as the film’s protagonists, the DeLorean is a star in its own right, transformed into a time machine that travels between the past, present and future. The legal part of the story begins in1989 when John Z. DeLorean granted Universal Pictures rights to use the DeLorean automobile for “merchandising and commercial tie-up[s].” However, the original DeLorean Motor Company's bankruptcy in 1982 muddied the waters. In 1997, a new DeLorean Motor Company emerged, acquiring assets of the defunct company, though the extent of the intellectual property (IP) assets acquired remains disputed. In 2014, John DeLorean’s estate sued the new company for trademark infringement, leading to a subsequent settlement. In 2018, the DeLorean estate sued the new company for royalties received from NBCUniversal (successor to Universal Pictures) but lost the case. The complexity escalated as NBCUniversal was later sued by the new company for trademark infringement. Just last month (February 2024), a U.S. district court denied NBCUniversal’s motion for summary judgment, indicating that the case will likely proceed to trial. There are a multitude of issues driving all of this litigation, but it mostly comes down to ambiguity in the original agreement regarding trademark rights, and the potential for trademark confusion between the heavily modified DeLorean in the movie and the real-world cars that are central to the business of the new DeLorean Motor Company. The DeLorean vehicle is a classic example of a car associated with entertainment. Thinking back to movies and TV, is there another car that left an impression? #DeloreanMotorCompany #DeloreanMotorsReimagined #trademarks #trademarklaw #backtothefuture #timemachine #trademarkinfringement #patentlawyer #patentlaw #patentattorney

Supreme Court's 2023 IP Rulings: Implications for IP Practice🚀 The U.S. Supreme Court's 2023 rulings have significantly impacted IP practice, particularly in the realm of trademark law. In the landmark case, Jack Daniel’s Properties, Inc. v. VIP Products LLC, the Court addressed the balance between the First Amendment and trademark protection. VIP Products marketed a parody dog toy mimicking Jack Daniel's iconic whiskey bottle, leading to claims of trademark infringement and dilution by Jack Daniel’s. The Supreme Court ruled that when a parody of a trademark is used as a designation of source, it is not protected under the First Amendment from infringement and dilution claims. This decision underscores that expressive, parodic use of a trademark will not shield infringers from liability. The ruling will influence how trademarks are protected and litigated, emphasizing the importance of the likelihood of confusion in trademark disputes. The Supreme Court's decision reaffirms the robust protection of trademarks against both infringement and dilution, even in cases involving parody. https://lnkd.in/g3X26KZc #TrademarkLaw #SupremeCourt #IPPractice

Pink and Pharrell Williams Enter Legal Dispute Over "P.Inc" Trademark Pink has initiated legal action against Pharrell Williams over his attempt to trademark "P.Inc," arguing that it could cause confusion with her own trademarked name and harm her business. Pink's legal team claims that Pharrell's use of "P.Inc" is similar to her "PINK" trademark and could deceive consumers. Pharrell's company counters that "P.Inc" is intended for promotional marketing services in music. The dispute arises amidst other trademark conflicts, including one between Pharrell and Chad Hugo over the Neptunes trademark. The outcome of these disputes remains uncertain as the legal proceedings continue. HYPEBEAST #TrademarkDispute #BusinessConfusion #LegalBattle #BrandProtection #MusicIndustry #TrademarkInfringement #PinkVsPharrell #BusinessIntegrity #IntellectualProperty #LegalProceedings #ip #ipquad #ipquadbulletin Source: https://lnkd.in/gX5zGE6K

Who owns Big League Chew? The answer: It depends on who you believe. One company tells a federal court it's the owner. Another tells the U.S. Patent and Trademark Office it's the owner. Here's my Sportico sports law column on this sticky battle over gum ownership:

When a fantastic trademark dispute arises, especially one involving superheroes, this trademark attorney cannot help but blog about it. The nature of this particular trademark dispute is epic, perhaps rising to the level worthy of a superhero blockbuster (or maybe that’s just this attorney’s trademark geekdom talking). In either event, like many legal disputes, this... Continue Reading #wisconsinlawyer #wisconsinlaw #wislawnow

🚀 **Key Insights from the SkyKick UK Ltd v Sky Ltd Decision** The recent judgment in SkyKick UK Ltd and Another v Sky Ltd and Others marks a key decision in trademark law. Our latest article obreaks down the implications of this decision and what it means for businesses navigating trademark disputes. 🔍 Whether you're a brand owner, legal practitioner, or simply interested in the evolving landscape of trademark protection, this analysis provides actionable insights and practical takeaways. 📖 Read the full article here: https://hubs.li/Q02ZNc_00 💡 How do you think this decision will impact trademark disputes moving forward? We’d love to hear your thoughts in the comments below! #IntellectualProperty #TrademarkLaw #SkyKickCase #LegalUpdates

We have yet another legal battle shaking the cheerleading world: Nfinity vs. Varsity. Nfinity has filed a lawsuit against Varsity, alleging trademark infringement and unfair competition over the use of "League." https://lnkd.in/ebu_CxKa #cheerleading | #cheernews | #VarsitySpirit | #Nfinity | #CheerDaily | #NfinityvsVarsity

With #McDonalds having recently lost a long-disputed legal battle over the famous Big Mac trademark to Irish chain Supermac's, we’re looking at the top 5 times that massive corporations learned hard lessons about Trademark Infringement: https://lnkd.in/edTbKdK4 #trademark #corporatelaw #top5 #USlaw #lawyermonthly #legalbattle #supermacs #shortread