In re MC MC S.r.l.
United States Trademark Trial and Appeal Board
88 U.S.P.Q. 1378 (2008)
- Written by Meredith Hamilton Alley, JD
Facts
Maria Callas was a world-famous Greek opera singer who died in 1977. An Italian corporation, MC MC S.r.l. (the corporation) (plaintiff) filed an application for a trademark on the name Maria Callas, which was the name of a line of products the corporation marketed. There was extensive contradictory evidence concerning whether Callas had successors in interest who controlled the use of her name. The attorney for the United States Patent and Trademark Office (USPTO) (defendant) denied the application, finding that the corporation’s mark falsely implied a connection to Callas. The corporation appealed, arguing that Callas had no successors in interest who controlled Callas’s name and therefore Callas’s right of publicity was extinguished at her death.
Rule of Law
Issue
Holding and Reasoning (Wellington, J.)
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