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Kareem Abdul-Jabbar v. General Motors Corporation;

e Lanham Act and California's statutory and common law rights of publicity. At issue in this case was whether Jabbar had abandoned the name and whether the use of this name in the ad could be construed as an endorsement by Jabbar of the Oldsmobile in the ad. GM argued that Jabbar had abandoned the name, "Lew Alcindor," and that GM's use of this name was a nominative fair use, not subject to the protection of the Lanham Act. The district court granted GM's motion for summary judgment under both the Lanham Act and state law, holding that Jabbar abandoned his former name, and therefore the right to protect this name and any other rights that flow from having had that name at one time in the past. Jabbar appealed. The appellate court, reversed the district court, holding that there were material issues of fact for the jury to decide under both the Lanham Act and California law.

The Lanham Act provides that a mark shall be deemed abandoned when either of two events occurs. First, a mark may be abandoned when its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years sha

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Kareem Abdul-Jabbar v. General Motors Corporation;. (1969, December 31). In LotsofEssays.com. Retrieved 05:53, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1690513.html