Nominative Fair Use Not Decided on Motion to Dismiss

14 12 2014

[ed: this is a fair use case involving TRADEMARKS… I’ll code it with a fair use tag… but it’s not a copyright case]

Slep-Tone Ent. Corp. v. Elmwood Enterprises, Inc., No. 13 C 7346, Slip Op. (N.D. Ill. Apr. 21, 2014) (Lefkow, J.).

Judge Lefkow denied defendant Elmwood’s Fed. R. Civ. P. 12(b)(6) & (7) motion to dismiss plaintiff Slep-Tone’s Lanham Act claims related to its SOUND CHOICE marks used in connection with its karaoke accompaniment tracks. Of particular note, the Court held as follows:


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