Hear the Band - Trademarks Also Move to the Beat of the "Sublicensing Rule".(Miller v. Glenn Miller Productions Inc.)

Mondaq Business Briefing | September 1, 2006| | Copyright

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's extension of the well-established "sublicensing rule" from copyright and patent law, i.e., that a licensee is not entitled to sublicense the licensed rights to a third party without permission from the licensor, to the area of trademark law and related publicity rights. In so doing, the Ninth Circuit rejected the licensee's argument that it had independent rights in the mark GLENN MILLER ORCHESTRA based on its ownership of an incontestable trademark registration for the mark (rights that in turn were ...

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