Intellectual Property Law
New Matter FALL 2023, VOLUME 48, EDITION 3
Content
- 2023 Dc Delegation Trip Report
- 2023 New Matter Author Submission Guidelines
- ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS V. GOLDSMITH: Expanding the Degree of SimilarityâTrimming Transformative Use
- DARRABY GLIB NOTES⢠Andy Warhol Foundation Supreme Court Opinion: Highlights And Sound Bites
- Federal Circuit Report
- INTELLECTUAL PROPERTY SECTION Executive Committee 2022-2023
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2022-2023
- Intellectual Property Section New Matter Editorial Board
- IS ALL FAIR IN POP ART AND CELEBRITY PHOTOGRAPHY (PART II)? In Which the Justices Turn to Economics to Level the Playing Field for Human Creatives
- Letter From the Chair
- Letter From the Editor-in-chief
- Mickey Mouse and the Public Domain
- Mitigating Ai Bias With Responsible Ai Design
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Patentability of Artificial Intelligence On the Precipice of Reform
- Quarterly International Ip Law Update
- Recent Disqualification Precedent Raises Interesting Questions About Computer Access and Data Rights
- Six Things To Know About the California Privacy Rights Act
- Table of Contents
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Trade Secret Report
- Ttab Decisions and Developments
TTAB DECISIONS AND DEVELOPMENTS
Jane Shay Wald
Irell & Manella LLP
"Boys World" For A Musical Group Jumped Through An Additional Hoop To Show Its Name Was A Musical Source Of Its Recordings, It Won (Of Course!)
The Board reversed the Examining Attorney’s refusal to register the mark BOYS WORLD for audio recordings featuring music. Applicant apparently holds the rights to the name of a very popular musical "girl group" that is sometimes referred to as "the Gen Z Spice Girls." The nature of its relationship with the BOYS WORLD mark was not developed in the record. In footnote 7, the Board brushed off the Examining Attorney’s argument that the record does not show "unambiguous use of the mark" because BOYS WORLD was formed by KYN Entertainment, identified in copyright notices as an owner of certain BOYS WORLD recordings. Said the Board: "This argument is not well-taken because, as the Federal Circuit pointed out in Polar Music, a trademark ‘need not be the name of the manufacturer of the goods and the public need not know the name of the owner of the mark.’" Moreover, ‘the public need not know [KYN Entertainment’s] role." In re Polar Music Int’l AB, 221 USPQ 315, 317 (Fed. Cir. 1983).