Lanham Act cannot be used to create "species of mutant copyright law"

United States of America

In Slep-Tone v Wired for Sound Karaoke, the Ninth Circuit has confirmed that the defendant’s use of digital files did not infringe the plaintiff’s trademark or trade dress for its CD-Gs. Referring to the Supreme Court’s decision in Dastar, the Ninth Circuit stated that, when claims are more accurately conceived of as attacking unauthorised copying, the courts must avoid recognising a “species of mutant copyright law” by making such claims cognisable under the Lanham Act.

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