Entertainment

Front 1

Lanham Act

To bring a cause of action, P must establish 3 elements...

Back 1

(1) Involvement of goods or services;
(2) Effect on interstate commerce; and
(3) A false designation of origin or false description of the goods or services

Front 2

Lanham Act

What does the Act seek to prevent?

Back 2

False Advertising!

Front 3

Lanham Act

Six factors that the court used when deciding the issue of "likelihood of confusion."

Back 3

(1) The STRENGTH of Plaintiff's marks and name;
(2) The SIMILARITY of plaintiff's and defendant's marks;
(3) The PROXIMITY of plaintiff's and defendant's products;
(4) Evidence of ACTUAL CONFUSION as to the source or sponsorship;
(5) SOPHISTICATION of the defendant's audience; and
(6) Defendant's good or bad faith

Front 4

Lanham Act

Rogers Test - A title using a celebrity's name will be protected from a false advertising claim unless:

Back 4

(1) it has no artistic relevance to the underlying work; OR
(2) If there is artistic relevance, the title "explicitly misleads as to the source or the content of the work."