Be Kind, Please Rewind – Is Blockbuster Still Famous for a Dilution Claim?
Greg Phillips & Eric R. Blosser
The Trademark Trial and Appeal Board (“TTAB”) is currently reviewing a case centered on video rental company Blockbuster, which has the potential to significantly widen the scope of trademark dilution protection by allowing companies to point to past success as evidence of current fame. A final decision by the TTAB in this case will undoubtedly influence future trademark filing and enforcement strategies.
Wu-Tang Style – Can Music Be a Trade Secret?
Ian W. Gillies & Eric R. Blosser
Due to the unique release of the Wu-Tang Clan album Once Upon a Time in Shaolin, a federal district court in the Second Circuit has ruled that the album and its music could qualify as a trade secret, despite previous cases rejecting trade secret protection for musical works. This decision emphasizes the importance of having skilled intellectual property counsel who can identify how atypical facts of a case expand the available claims and remedies beyond conventional expectations.
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