What Does a Hologram Trademark Signify When the Hologram Isn't There?
4 days ago
- #Trademark Law
- #Print-on-Demand
- #Intellectual Property
- Upper Deck sues Pixels over unauthorized use of Michael Jordan trading card images and hologram mark.
- The court rules the hologram mark isn't famous enough for dilution protection but is strong for infringement claims.
- Trademark infringement analysis favors Upper Deck, with 5 out of 8 Sleekcraft factors supporting their case.
- False advertising and false association claims also survive summary judgment, focusing on Michael Jordan's likeness rights.
- Pixels' Section 230 defense partially succeeds for online activities but fails for offline manufacturing and sales.
- The case highlights unresolved issues about merchandising rights, historical item displays, and print-on-demand liability.
- Court's narrow focus avoids broader legal complexities, setting the stage for a potential trial or settlement.