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Replica Pins Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by trophy3681, Feb 14, 2014.

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  1. trophy3681

    trophy3681 Law Topic Starter New Member

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    A (fictitious) annual event called The Cold Fair occurs in Alaska every year and has done since 1941. A competition is held among locals and other artists every year to design a commemorative pin which then becomes the official pin for the event. The event is organised by a (fictitious) entity the Alaska Inc Co who promote the way of life in Alaska and the Cold Fair plays host to fishing and other events and promotes the Alaskan way of life. It is attended by people from overseas and throughout the USA every year and is well known.

    A (fictitious) company called Memorbilia Inc based in another state is now selling replica pins. One pin shows a bear with 2012 on it; another shows a whale with 2011 on it and another shows a small plane with 2013 on it. Each pin also has the words Cold Fair Alaska on it too. Alaska Inc says the official pins are collectors; items and worth thousand of dollars.

    Alaska Inc Co says Memorbilia Inc is selling these replica pins in breach of Lanham Act 1945 s 43. Although Alaska Inc Co does not hold a federal trademark registration for these pins, it firmly believes that it would be successful in asserting trademark rights in connection with these designs. Accordingly, Alaska Inc maintains that Memorbilia's Inc's reproduction and sale of these designs without authorization constitutes unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Alaska Inc says the sale of all items must stop and all monies paid as a result of sales is to be accounted for and are due to Alaska Inc Co.

    Memorbilia Inc needs your advice as to any defenses available to it.
     
  2. army judge

    army judge Super Moderator

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    I don't think any of us will help people do their homework.
     
  3. trophy3681

    trophy3681 Law Topic Starter New Member

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    Well I think that the geographical issue is important but I can't get my head round whether in fact the pins are capable of being registered as a trademark. I am just asking for pointers on answering the question.
     

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