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The Briefing by the IP Law Blog

Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film

Dec 1, 2023
Quentin Tarantino discusses the Supreme Court's rejection of a trademark infringement claim against his film 'Once Upon a Time... in Hollywood'. The podcast explores false endorsement claims by celebrities and the specific language in the Lanham Act. It also touches on past celebrity false endorsement claims and the balance between First Amendment interests and Lanham Act interests in commercial motion pictures.
13:09

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Quick takeaways

  • The recent US Supreme Court refusal to review a California case involving the film 'Once Upon a Time in Hollywood' highlighted the issue of false endorsement claims brought by celebrities under Section 43A of the Lanham Act.
  • Courts have ruled that a person's image or likeness cannot typically function as a trademark, and a person's name lacks inherent distinctiveness for trademark protection.

Deep dives

False endorsement claims under Section 43A of the Lanham Act

False endorsement claims brought by celebrities under Section 43A of the Lanham Act analyze the use of a celebrity's likeness without permission in advertising or marketing campaigns. The recent US Supreme Court refusal to review a California case involving the film 'Once Upon a Time in Hollywood' highlighted the issue. In the case, the partner of the late actor Christopher Jones brought a false endorsement claim, citing instances where Jones' name was mentioned, his films were referenced, and his likeness inspired a fictional character interacting with commercial brands in the film. The court recognized that mere use of a celebrity's image is not actionable, but endorsement must be suggested to mislead consumers. The court found it implausible that brief use of Jones' name or similar characteristics would mislead viewers.

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