Boston Athletic Association (Baa) Registered

¶ … Boston Athletic Association (BAA) registered the name "Boston Marathon" on the Principal Register and sought to enjoin Sullivan's use of the name "Boston Marathon" on T-shirts Sullivan was selling. Sullivan argued that the Boston Marathon was sponsored by the BAA for the general public, which entitled him to use the name "Boston Marathon" on the T-shirts. However, when Sullivan became an individual vendor he ceased to be a member of the general public.

He was not seeking to use BAA's service mark as a consumer, but as a vendor competing with the sale of BAA's official products. Because trade and service marks exist to prevent confusion about the source of products, Sullivan's competing use of the mark is prohibited under trademark law. Fox used 27 seconds of James Brown footage without formally obtaining permission to do so when making the movie The Commitments, and sought a determination of whether doing so violated copyright law.

There are certain situations where the general public is entitled to use portions of copyrighted material, but those situations do not apply when the copyrighted material is used for the financial gain of the user. Because of the financial gain, the fair use issue could only be resolved by looking at two issues: competition and creation. Fox was not competing with James Brown or his sales; instead, the footage used may have had a stimulating effect on Brown's sales.

Furthermore, the footage was used to create a movie, which was not only a different work or art, but also a different type of art, than the footage used. Therefore, Fox's use of the Brown footage in The Commitments did not violate copyright law. 14. American Eagle (AE) creating a catalogue that was extremely similar in appearance and presentation to the Abercrombie & Fitch (A&F) catalogue and A&F claimed trade dress infringement.

A successful trade dress infringement lawsuit requires that a company have a distinctive trade dress and that the similarity between the trade dress was likely to confuse consumers. Even though AE's catalogue may have been very similar to A&F's, both companies used their trademark and symbols throughout their catalogues, which sold different types of clothing in totally different manners (A&F used sexuality to market its clothing, while AE used the image of family).

The difference in clothing type, marketing angle, and the liberal use of marks and symbols meant that there was no risk of consumer confusion; therefore A&F was not entitled to protection under the Lanham Act. Chapter 11 2. The New York Times discovered that 24 employees were sending inappropriate and offensive e-mails, which violated its corporate policy. The issues facing the Times where whether the employees had a right of privacy in their emails and whether the e-mails could be considered sexual harassment. A company owns.