Sarah Palin Going Rouge
posted by ModeratorFiled under: Satire
Three books about Sarah Palin will be released on November 17, 2009 — one, Going Rogue: An American Life
According to Ned Himmelrich, head of the intellectual property department at law firm Gordon Feinblatt:
Titles of books cannot be protected as trademarks (a clear rule); trademark protection does not accrue until the mark is used (no sales yet); both books would be “in use” on the first day (Palin cannot claim first use); “Trade dress” does not exist unless the graphics are inherently distinctive (doubtful) or well recognized (too soon); and the “Nightmare” title may even be a valid parody (a good defense). Each of these theories has a countervailing argument, but on each, the legal arguments might be a nightmare for Palin.
thanks Erin
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