Posted by Eugene Volokh: Interesting New Trademark / First Amendment Case from the Ninth Circuit: http://volokh.com/archives/archive_2008_11_02-2008_11_08.shtml#1225933448
[1]E.S.S. Entertainment 2000 v. Rock Star Videos, which rejects a strip club's trademark claim based on the adaptation of its logo inside the Grand Theft Auto: San Andreas video game. Seems to me quite the result, and good reasoning. I'd probably argue for providing an even broader First Amendment defense for the use of trademarks within expressive works (as opposed to on the advertising of the works, including their covers), but given the current state of the law, the decision seems to be very good. Thanks to [2]How Appealing for the pointer. References 1. http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F67C75971EA40D9A882574F800511B57/$file/0656237.pdf?openelement 2. http://howappealing.law.com/ _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
