Bob Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> Actually, the title of a single work does not function as a trademark
> and will not be granted trademark registration. To become a trademark,
> the title must be the title of a series of works, or be associated with
> the continuing sale of merchandise, not of just a single motion picture
> or other work.
>
All right, since Bob raised this point (which has always bothered me), let me pursue it:
(1) I know this is the PTO rule; but is there caselaw that denies protection even on a common-law theory in such cases?
(2) what's the rationale for this rule? Surely if I sell only one product under my trademark, I can still protect it. Why is the result different for artistic works?
Mark A. Lemley
Professor of Law, University of Texas School of Law
Of Counsel, Fish & Richardson, P.C.
mlemley[_at_]mail.law.utexas.edu
Note CHANGED office phone: 512/232-1342
Information on UT's Intellectual Property program: http://www.utexas.edu/law/acadaff/intelprop/
My publications list: http://www.law.utexas.edu/lemley/pubs.htm Received on Mon Jul 20 1998 - 16:08:35 GMT
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