08/08/2012 04:12:00 AM EST
Update: Fashion Icon vs. Facebook Page vs. 40’s Icon: Burberry and Bogart in Trademark Tussle
Update: As reported by Law360, Burberry and Bogart, LLC have resolved their dispute over Burberry's use of Humphrey Bogart's image. According to a Burberry representative, the dispute was resolved "amicably."
I'm a sucker for tying things together with quotes -
especially spoof quotes. Here's one from Casablanca, meant to reflect Burberry's recent trademark/declaratory
all the Facebook pages in all the towns in all the world, Humphrey Bogart walks
(Not so good? I'll pause for boos and
Earlier this month, Burberry filed a declaratory judgment
action against the licensing LLC for Humphrey Bogart. In creating its Facebook
Timeline, Burberry had included a 1942 image of Humphrey Bogart wearing a
Burberry trench coat from
Casablanca's final scene. In
April, Bogart, LLC asserted its trademark rights in the names "Humphrey Bogart"
and "Bogart." Burberry responded by filing suit and seeking a declaration of
Burberry's complaint asserts claims for trademark non-infringement and non-infringement of Bogart's right of publicity. Specifically,
Burberry argues that:
Burberry's use of the image of
Humphrey Bogart from "Casablanca" within its historical timeline was not
directly connected to the sale of any merchandise, but rather was a historical positioning
of the image within an educational project along with numerous other
photographs of people wearing Burberry apparel over the last century.
No representations as to Humphrey
Bogart's or Defendant's endorsement, affiliation, connection, association,
participation, sponsorship or approval of Burberry's historical timeline have
been made by Burberry to the public.
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