ESPN Wins Dismissal Of Lanham Act Claim In Missouri Federal Court
ST. LOUIS – Allegations of false designation of origin filed in connection with the unauthorized use of a copyrighted song in a basketball DVD were dismissed Jan. 17 by a Missouri federal judge, who deemed the theory an “impermissible workaround” of the U.S. Supreme Court’s holding in Dastar v. Twentieth Century Fox Film Corp. (539 U.S. 23, 30-37 [2003]) (Dutch Jackson IATG v. The Basketball Marketing Company et al., No. 11-227, E.D. Mo.; 2012 U.S. Dist. LEXIS 4959).
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