Indiana

The signature was a trademark? It had secondary meaning? I think maybe John Hancock?s signature has secondary meaning, but I can?t think of too many other ones, though I am sure there are. But Hendrix?s? Here?s the reasoning, per Mike?s excerpt from the opinion:

During oral argument, counsel for defendants indicated that defendants are now confining their use of the signature to posters, fine art prints, and apparel. The Court interprets counsel?s remark as a concession that defendants? use of Jimi Hendrix?s signature constitutes branding, and it is not exempted from infringement liability by either the nominative or the classic fair use doctrine.

?Branding? ? ?infringement? ? ?liabilty? ? ?fair use? ? all very interesting concepts.

But they only apply to trademarks, Your Honor! How you got a trademark here?