Posts Tagged: Trademark

Guidance From Commercial Co-Venture Caselaw: A Unicorn of a Topic

There are not many court decisions concerning commercial co-ventures.  In fact, there are perhaps five.  This is far less than the number of decisions involving unicorns (seriously).  Nevertheless, these few court decisions provide some guidance on how a court may look at claims involving alleged violation of commercial co-venture laws.  Let’s take a look:

Attorney General v. Bach, 81 Mass. App. Ct. 1126 (2012):  Company sold tickets to a “show house” with proceeds to go to charity.  No contract with charity.  No registration (note: MA).  Show not a big hit.  Company went under.  Unknown if donation actually made.  Two years later, MA attorney general brought action against the owner personally.   Court found owner violated CCV laws.  Permanent injunction issued precluding owner from failing to comply with the act. (more…)

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The Super (oops) “Big Game” Sweepstakes Are Starting – Watch What You Say

“Game Time Gold”, “Ultimate Football Experience”, The “Big Game” Sweepstakes, the “Special Teams” Sweepstakes, and the “Big Game Giveaway” are just a few of the sweepstakes offered this football season to win a trip to Super Bowl 50, as well as the latest installment of the exercise in – how can I say Super Bowl without saying SUPER BOWL®.

Almost everyone knows that the NFL® holds the rights to, among other things, the NFL® team names, emblems, helmet designs, the NFL® shield, and the terms SUPER BOWL® and SUPER SUNDAY®. (In fact, the NFL® owns more than 100 registered trademarks and 9 that specifically include the term SUPER.) Does this mean that advertisers have to tenderfoot around the term SUPER BOWL® like a split end trying to stay inbounds on the way to the end zone? The legal answer may be no. (more…)

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