Dastar Corp. v. Twentieth Century Fox Film Corp.

"Trademark law cannot be used to extend the protection of a public domain work."

Short Description

In this landmark U.S. Supreme Court case, the Court ruled that the Lanham Act does not prevent the unaccredited copying of an uncopyrighted work. Once a copyrighted work enters the public domain, it is free for all to use, and trademark law cannot be invoked to impose restrictions on its use.

Facts

⦁ In 1948, Fox obtained exclusive television rights to Dwight D. Eisenhower's book Crusade in Europe, leading to the production of a 26-episode television series.

⦁ The television series was copyrighted, but Fox failed to renew the copyright, causing it to enter the public domain in 1977.

⦁ In 1995, Dastar Corp. purchased Betacam videotapes of the original series, edited them, created new packaging, and sold the product as World War II Campaigns in Europe, without crediting the original creators.

⦁ Fox sued, alleging that Dastar's actions constituted "reverse passing off" in violation of § 43(a) of the Lanham Act.

Issue

Whether the Lanham Act's prohibition on "false designation of origin" applies to the unaccredited copying of a work that has entered the public domain.

Judgment & Date

The U.S. Supreme Court ruled in favor of Dastar, holding that the Lanham Act does not prevent the unaccredited copying of an uncopyrighted work. The decision was issued on June 2, 2003.

Reasoning

Justice Scalia, writing for the Court, emphasized that once a copyrighted work enters the public domain, it is free for all to use. Allowing trademark law to impose restrictions on the use of public domain works would effectively extend copyright protection beyond its statutory limits, which is not permissible.

Implications

⦁ This decision reinforces the principle that works in the public domain are free for all to use, and trademark law cannot be used to reassert control over such works.

⦁ It clarifies the boundaries between copyright and trademark law, ensuring that trademark law does not encroach upon the domain of copyright.