Document Type

Brief

Publication Date

6-8-2017

Abstract

No. 3:14-cv-01849-K
Zenimax Media Inc. v. Oculus VR, LLC

From the Summary of ArgumentPlaintiff’s false designation of origin and false endorsement claims, such as they are, rest on the assertion that defendants falsely represented themselves as the origin of intellectual property on which the Oculus Rift is based. Those claims are barred by Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), which holds that only confusion regarding the origin of physical goods is actionable under the Lanham Act.

Comments

Amici Curiae are law professors who teach and write in intellectual property law, particularly trademark law. See the listing on page v, including Notre Dame Law School's Mark McKenna.

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