Interesting court case today….the US Supreme Court ruled against 20th Century Fox in a trademark suit. Essentially, the suit says that users of material under public domain do not have to worry about tracking down trademark information for the original creator of the material. Fox sued a company called Dastar after Dastar used material created by Fox, but allowed to fall out of copyright. Fox argued that repackaging it diluted the Fox trademark, which SCOTUS rejected. From CNN:
“Scalia said that if creative producers were required under the trademark law to attribute the origin of any uncopyrighted materials they used, it would be difficult.
“We do not think the Lanham Act requires this search for the source of the Nile and all its tributaries,” he wrote.
The Bush administration and other groups including the American Library Association had supported Dastar. “
So, good news for the public domain…now if we could just managed to GET a public domain again, we'd be in good shape.