David Lilenfeld Blog The intellectual property blog of David Lilenfeld

25Feb/165859

Oscar Owner Alleges Trademark Infringement Over Gift Bags

By David Lilenfeld on February 25, 2016

The Academy of Motion Picture Arts and Sciences filed a trademark infringement lawsuit against the marketing firm who created the $200,000 gift bag for 2016 Oscar nominees.

Nominees would be given luxury goods at the Oscar ceremony, along with some provocative offerings like Vampire Breast Lifts, marijuana tobacco vaporizers, condoms and laser skin-tightening procedures. The Academy’s lawyers wrote a letter to the marketing firm, Distinctive Assets, after becoming concerned about the confusion that the gift bags have nothing to do with the Academy. 

The Academy is a non-profit organization dedicated to encouraging excellence in motion picture filmmaking. Every year the Academy presents the Academy Awards of Merit known as the Oscars or Academy Awards to recognize outstanding achievements in the film industry. The Academy owns trademark registration for OSCAR, OSCARS, ACADEMY AWARD, and ACADEMY AWARDS and ensures those trademarks are only used in connection with the award ceremony.

Distinctive Assets is a specialty marketing business that focuses in celebrity placement by promoting products of third parties through gift bags to celebrities who attend or are nominated for award shows. The Academy has no connection with Distinctive Assets, does not endorse its products, and has not granted Distinctive Assets permission to use the Academy’s trademarks to raise the profile of its gift bags.

Nevertheless, Distinctive Assets has referred to its gift bags in tweets as “Everyone Wins At The Oscars®! Nominee Gift Bags,” and “Everyone Wins Nominee Gift Bags in Honor of the Oscars ®.” A variety of news outlets have discussed the Oscars in connection with Distinctive Assets gift bags. For example, Glamour magazine said “the 2016 Oscars might be the Academy of Motion Picture Arts and Sciences’ swankiest ceremony to date if this year’s gift bag has anything to say about it.” These mistaken impressions are passed onto the public rapidly expanding the confusion Distinctive Assets has created among Oscar goers. Distinctive Assets’ confusing promotion of the infringing gift bags unmistakably infringes upon the Academy’s trademarks and is likely to dilute the Academy’s trademarks.

The Academy asserts it is entitled to three times the profits made by Distinctive Assets from the trademarks used on the gift bags. Also, the Academy is demanding a permanent injunction against Distinctive Assets “in connection with the sale, offering for sale, distribution or advertising of goods or services, or in any manner likely to cause confusion or mistake or to deceive the trade or public as to the source or origin of defendants’ products.”

Comments (5859) Trackbacks (13)
  1. herbal alternative is to

  2. does is really work men

  3. Appreϲiate this post. Wіll try it out.

  4. acquistare viagra parafarmacia

  5. viagra frauen online kaufen

  6. only now 50mg viagra uk cheap

  7. expiration pfizer viagra date

  8. buy online viagra in canada

  9. Hey! This post couldn’t be written any better!
    Reading this post reminds me of my good old room mate! He always kept chatting about this.
    I will forward this write-up to him. Pretty sure he will have a good
    read. Many thanks for sharing!

  10. can heart patition take viagra

  11. I actually intend to go to the Tor one day, it’s on my
    pail listing! We would love to hear what your leading
    list does – allow us recognize and let us know.
    We understand without a doubt that apples were prevalent just by the name of the magical island.
    It is essential to understand the Medal Chest does
    not just contain Fight Factors. , if you’ve ever before been to
    these mediaeval fairs that spring up from time to time you may
    have checked out some of the armour worn for the battle re-enactments..
    Thanks for putting in the time to review this blog. Samsung and
    also Motorola, the two legends of cordless communication,
    have been constantly introducing some effective as well as stylish cellphones which have stood out
    of public attention – thanks to their extensive attributes and also performances.
    The slim, light and effective mobiles from the Motorola are gifted with features including
    high-performance cam, specialized songs player, dynamic screen, embedded Java games, common connectivity tools, enormous
    memory and also great deals extra. Daily sunlight surge to
    provide us a message that darkness will constantly be defeated by light.
    Then, pick the nation as UNITED STATES and provide your Voxox number to sign up.
    Afterwards, you should choose the Media auto
    -download choice.

  12. can i cut 50 mg viagra in half

  13. yohimbe and is together

  14. Hey there fantastic website! Does running a blog like this take a great deal of
    work? I have no expertise in programming however I had been hoping to start my
    own blog in the near future. Anyways, should you have any suggestions or tips for new blog owners please
    share. I understand this is off topic but I just had to ask.
    Appreciate it!

  15. is tablets disadvantages

  16. All varieties of investments include sure dangers.

  17. Great information. Lucky me I discovered your website by accident (stumbleupon).
    I’ve saved as a favorite for later!

  18. You can certainly see your enthusiasm in the work you write.
    The arena hopes for more passionate writers such as you who aren’t afraid to mention how they believe.
    At all times go after your heart.

  19. where to buy herbal viagra

  20. Excellent way of explaining, and good paragraph to take data about my presentation subject, which
    i am going to present in university.

  21. If you have actually ever remained in an automobile mishap, after that
    you recognize that it can be a terrible experience. You simply need to remember to stay calm as well as deal with the circumstance as it unfolds.

  22. at is sa

    eb98 link for you iscom

  23. prix is suisse

    eb98 order is tadalafil

  24. is online clinic

    eb98 is at sale


Leave a comment


*

Go to top ↑
-->