Michael Atkins - Seattle Trademark Lawyer

Recommend To be Protected as a Brand, Artwork Must be Used as a Brand (Email)

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Plaintiff Dereck Seltzer is an artist. In 2003, he created “Scream Icon,” a drawing of a screaming, contorted face. Since then, he moved on to other projects, but at times used his drawing to identify himself and his work’s presence by placing it on advertisements for his gallery appearances, and once licensed it for use in a music video.

Mr. Seltzer sued the rock band Green Day, which had used a modified version of the “Scream Icon” in a video it showed at concerts as a backdrop when it played the song, “East Jesus Nowhere.”

Mr. Seltzer mostly asserted copyright claims, but he also alleged that “Scream Icon” functioned as his trademark — the claim of interest here.

The Central District of California rejected his claim, and threw it out on summary judgment.

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Copyright © 2006-2021, Michael G. Atkins. All rights reserved. I'm a partner and Seattle intellectual property attorney at Atkins Intellectual Property, PLLC, where I focus my practice on issues involving the Lanham Act, including trademark infringement, unfair competition, trade dress infringement, trademark dilution, false designation of origin, counterfeiting, cybersquatting, trademark licensing, trademark applications, trademark registrations, the U.S. Patent and Trademark Office (PTO), and the U.S. Trademark Trial and Appeal Board (TTAB). Thanks for checking out my blog. Please visit again soon!