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Floyd Mandell Quoted in World Intellectual Property Review Article on New Spike Lee Trademark Claim

Firm News | June 9, 2015

Floyd Mandell, national co-chair of Katten's Intellectual Property department and co-head of the Trademarks and Trademark Litigation practice, is quoted in this article on a new trademark claim against director Spike Lee regarding the title of his upcoming film, Chiraq. An organization called the Sovereign Nation of Chiraqi has reportedly contacted Spike Lee complaining that the film cannot be called Chiraq because the name is too closely related to their organization name. Floyd has been involved in several high-profile cases involving titles of movies or television shows and was contacted by the editor of World Intellectual Property Review for his thoughts. Floyd noted that the organization had a challenging case under the First Amendment of the US Constitution, as "the constitutional interest in freedom of expression must be balanced against any interest in protecting the claimed mark" and that "even without a First Amendment defense applying, proving the likelihood that the public would be confused would be another major hurdle." ("Spike Lee Struck With Trademark Claim," June 5, 2015)

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