On Demand

Essentials

Use of Trademarks and Celebrity Images in Movies, TV, Video Games & Other Media

1h 5m

Created on October 26, 2018

Intermediate

CC

4.9

(1329 reviews)

Overview

In this course, Mitchell Stabbe of Wilkinson Barker Knauer LLP will discuss the competing but related principles underlying trademark law, rights of publicity, and First Amendment law and how they are applied (often somewhat subjectively) in disputes between trademark owners or public personalities and the publishers of entertainment content. Topics to be covered include:

  • Overview of the different interests that trademarks, the right of publicity and the First Amendment are intended to protect

  • Discussion of cases involving the use of genuine trademarks to identify fictitious products and the unauthorized use of branded goods in entertainment media and the unauthorized use of celebrities in fictional works

  • Analysis of whether apparently inconsistent cases can be reconciled


Learning Objectives:

  1. Gain an understanding of the principles and objectives of trademark law, the First Amendment and the right of publicity
  2. Examine how disputes are resolved between parties asserting conflicting rights over the use in entertainment content of trademarks, branded products and the name, likeness or other indicia of the identity of public figures
  3. Identify where the line is drawn - or sometimes is blurred - over competing rights
Topics covered in this course:

Faculty

Mitchell Stabbe

Mitchell Stabbe

Partner | Wilkinson Barker Knauer LLP

Mitchell Stabbe has over thirty years of experience in virtually all aspects of trademark law. Over the course of his career, Mitch has experienced numerous changes in trademark law and in technology, with the former often several steps behind the latter. Today, his practice focuses on the ever-evolving interplay between trademarks and the Internet. Over the last few years, for example, Mitch has regularly advised clients and provided comments to ICANN concerning the roll-out of hundreds of new generic top level domains (gTLDs) and the protections available to brand owners against cybersquatting and other domain name abuses.

Mitch also counsels clients on the availability and registration of trademarks and service marks and has prosecuted over a thousand applications before the US Patent and Trademark Office. He also is experienced in drafting and negotiating contracts, licenses, assignments and security interests involving intellectual property rights.

Mitch has litigated numerous trademark and copyright infringement and unfair competition civil actions in federal court, including actions against infringers and gray market importers, as well as adversary proceedings in federal court and before the Trademark Trial and Appeal Board (TTAB). In addition, he has successfully prosecuted over fifty claims under the Uniform Dispute Resolution Policy (UDRP) to compel the transfer of domain names registered in bad faith.

He has represented companies from a wide array of industries, including communications, media, publishing, technology, education, not-for-profit associations, real estate leasing, banking, and premium cigars.

Reviews

4.9

(1329 reviews)

Recent Reviews

This is one of, if not the, best CLE I have ever had the pleasure of watching. The presenter is engaged and knowledgable. He provides both legal and practical knowledge (i.e. generally media leaders just avoid this problem by getting a license). (This is abundantly helpful for those working in non-legal but related fields!). The examples are on point and interesting. Furthermore, the CLE is directly related to what I currently do for a living, and I know that I will use what I have learned today moving forward. Fantastic! I sincerely hope that this presenter creates more CLEs on media. This is exactly why I subscribe to LawLine. Bravo!

Destiny P.Jun 7, 2024

My favorite to date!

Richard F.Jun 5, 2023

very interesting and informative

ROGER A.Jan 23, 2023

Very Informative

Larry T.Dec 21, 2022

Very interesting and extremey useful!

Robert B.Dec 17, 2022

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