Update: Fashion Icon vs. Facebook Page vs. 40’s Icon: Burberry and Bogart in Trademark Tussle

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 judgment lawsuit.

"Of all the Facebook pages in all the towns in all the world, Humphrey Bogart walks into mine."

(Not so good? I'll pause for boos and hisses)

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 rights.

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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