Original works fixed in a tangible medium of expression are
protected by U.S. Copyright laws. Occasionally, third-party
trademarks appear in connection with creative works, either within
the works of art themselves, or in a title or description
associated with the works.
Does a trademark owner have a cause of action arising from those
unauthorized uses of its trademark?
We know that the Lanham Act prohibits the unauthorized use of
trademarks in commerce in connection with the sale of goods or
services where the use is likely to cause confusion or to deceive.
Similarly, under a separate "prong" of trademark
law, the Lanham Act prevents "false designation of
origin" or any false or misleading description that is likely
to cause confusion or to deceive as to the "origin,
sponsorship or approval" of commercial activities.
