TRP Entertainment v. Cunningham, No. 13-16754 (9th Cir. Feb. 16, 2016) [non-precedential].
The 9th Circuit held that the term "The Rat Pack" is generic in the context of live shows about or in tribute to members of the Rat Pack, therefore not identifying any particular producer of a Rat Pack tribute show. Further, the lower court correctly ordered a disclaimer of the term "The Rat Pack" modifying the plaintiff's trademark registration pursuant to 15 USC 1119.
February 18, 2016
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