Mediating Entertainment Industry Trademark Claims
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Many recent entertainment cases have involved claims of trademark infringement by film or television producers. Such claims may arise out of the use of a trademarked item in a scene, like a character drinking a well-known brand of beer, or an actor wearing a trademarked piece of clothing, such as a New York Yankees cap. Trademark disputes can also extend to the use of titles, such as the well-known case Rogers v Grimaldi, 875 F. 2d 994 (2nd Cir. 1989) involving the title “Fred and Ginger.”
Taking these disputes to court carries risks as to outcome, cost, and timing. Entire projects may hinge on the results of a case, and delays or uncertainty can be costly – and even sink a production.
Mediation can be particularly useful in entertainment trademark disputes. It allows the parties to select the mediator of their choice, as opposed to being assigned randomly to a judge. This allows the parties to utilize the services of a mediator with entertainment and intellectual property experience and a style that fits the personalities of the parties. Knowledge of industry customs and practice, as well as of the leading major trademark cases, can provide fair and quick resolution, in line with parties’ expectations.
Read original articleTags: entertainment, New York Yankees, Trademark Infringement
