COMMENT: RITCHIE v. SIMPSON: THE FEDERAL CIRCUIT DROPS THE BALL Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2001 St. John's Law Review Association
St. John's Law Review

COMMENT: RITCHIE v. SIMPSON: THE FEDERAL CIRCUIT DROPS THE BALL

Winter, 2001

75 St. John's L. Rev. 163

Author

Juan C. Gonzalez+

Excerpt



Introduction
 
Imagine walking into your local housewares store and picking up a set of kitchen knives with the name "O. J. Simpson" etched on the handles. If O. J. Simpson had his way, not only would his name appear on the handles, but they would be followed by the "(R)" symbol designating his name as a trademark registered with the United States Patent and Trademark Office (PTO). Simpson applied for federal trademark protection for his name and nicknames in the wake of the notorious 1994 murders of his ex-wife and a male companion. Before the facts and issues of the case that is the subject of this Comment can be examined, some background information is in order.

A trademark can be any "word, name, symbol or device" that identifies and distinguishes one producer's goods or services from another producer. 1 Trademarks pervade our everyday lives to the point that usually one need only turn his head in some direction in order to see a trademark on some commonplace item. 2 Through the Lanham Act, 3 Congress provides for the registration of trademarks with the PTO. 4 Although the lack of federal registration does not preclude the use of a mark, registration carries with it several benefits, 5 among them, prima facie evidence of the mark's validity and the registrant's ownership of the mark; 6 nationwide constructive notice of ownership to potential infringers; 7 the availability of federal courts to bring infringement actions without the need for diversity of citizenship ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities