3/11/2011

Recent decision: 9th Circuit says "Betty Boop" is not a trademark

Locke Lord's QuickStudy on Trademark Practice reports on (and links to) a recent decision by the Ninth Circuit Court of Appeals that held that the image of the cartoon character "Betty Boop" is not a trademark, when used on merchandise whose customer appeal is the image itself. In commentary critical of the court's 2-1 decision, Thomas Casagrande, Michael Schulman and Paul Van Slyke point out that the decision jeopardizes the trademark status of sports team and league logos, as well as cartoon characters.