HRFM Today

Reminder: Trademark Registration Requires Use in Commerce

You really do need to use a mark to get a trademark registration.  In case anyone needs reminding, "Use in commerce", that is, use of a trademark or service mark in connection with the sale of goods or services really is required prior to receiving a trademark registration. (see our previous post regarding use requirements) We are putting aside for another day the lack of such a requirement for trademarks which claim priority to foreign trademark registrations... 

The Court of Appeals for the Federal Circuit (“Federal Circuit”) recently held that applicants for service marks under Section 1(a) of the Lanham Act must show that the advertised-for services have actually been rendered in commerce in Couture v. Playdom, Inc.

“Blurred Lines” Copyright Infringement Update: Marvin Gaye’s Estate Awarded Stunning $7.4 Million Jury Verdict Against Robin Thicke and Pharrell Williams

In a copyright infringement verdict that has shocked the music industry and raised grave concerns among songwriters, a U.S. District Court jury in Los Angeles awarded Marvin Gaye’s estate just under $7.4 million against recording artists Robin Thicke and Pharrell Williams, the songwriters of the 2013 mega-hit, “Blurred Lines.”  After hearing testimony from collaborators Thicke and Williams, as well as from musicologists who dissected and compared the songs, the jury found that “Blurred Lines” infringed the copyright of Marvin Gaye’s 1977 hit “Got to Give It Up.”  According to news reports, the verdict corresponded to about one dollar for every copy of the song sold, with the song yielding about $16 million in profits.  Gaye’s estate was awarded $4 million in damages, as well as profits of about $1.6 million from Williams and about $1.76 million from Thicke.  Statutory damages of $9,375 were also awarded.  The jury did not assess any fault or damages against the record company that released “Blurred Lines” or rapper T.I., who also performed in the song.