The Academy of Motion Picture Arts and Sciences has filed a suit (and gotten past summary judgment) in a case against the use of ‘Oscar’ in Italian in the US. Via the Hollywood Reporter:

The Academy, which aggressively protects its “Oscar” name and image, filed suit against Italian broadcaster RAI International for trademark infringement over its broadcast of several awards programs using the word “Oscar.” Among the programs: Wine Oscars, Fashion Oscars, TV Oscars and Music Oscars, according to AMPAS’ attorney David Quinto of Quinn Emanuel Urquhart Oliver & Hedges in Los Angeles.

The really interesting bit is the alleged basis of the claim:

In denying AMPAS’ motion for summary judgment, U.S. District Court Judge Audrey Collins wrote that there is no question that the Oscar mark is strong in the English language and, “The use of ‘Oscar’ to describe an award or awards program is arbitrary or fanciful and deserves maximum protection. However, EchoStar has presented evidence showing that the word ‘Oscar’ could be considered generic in Italy and in the Italian language.”The awards programs were shown in the U.S. but were broadcast in Italian. And the Academy, Collins concluded, didn’t object to EchoStar’s evidence that RAI programming is aimed at Italians living abroad.

So the basis of the claim is the use of a term that is arguably generic in Italian to Italians living in the US. Admittedly a weak claim, so they based the claim on confusion by US consumers:

But Quinto said non-Italian citizens watch RAI in the U.S., including Americans who want to brush up on their Italian. To them, there is no confusion as to what “Oscar” means, Quinto said.

Of course the case isn’t over yet, but losing on summary judgment means that the defendant must go into more expensive discovery and of course, additional legal fees.

This entry was posted Monday, March 19th, 2007 at 2:31 pm and is filed under General IP. You can leave a response, or trackback from your own site.