Suit Filed over Oscar Swag Bag Copyright

by Michael Lawrence Greenberg on Oct. 16, 2017

 General Practice 

Summary: Los Angeles-based Distinctive Assets, known for handing out its so-called the “Oscar swag bag” to Academy Award Nominees in five categories, has been named in a lawsuit last Tuesday for infringement of Academy trademarks and logos.

Los Angeles-based Distinctive Assets, known for handing out its so-called the “Oscar swag bag” to Academy Award Nominees in five categories, has been named in a lawsuit last Tuesday for infringement of Academy trademarks and logos. It also wants Distinctive Assets to quit perpetuating an assumed connection between itself and the company.

These goodie bags, with perks such as $20,000 worth of mind control lessons, stays at exclusive hotels and spas around the world, personalized M&M’s and plastic surgery are given out to celebrities.

At issue are the some of the contents of these goodie bags that are given to the top category nominees for the Academy Awards.

Distinctive Assets founder, Lash Fary, said in a statement, “To be part of the film industry’s biggest night on any level is thrilling,” Lash Fary, Distinctive Assets’ founder, said in a statement. “We always look forward to introducing standout entertainers to an array of companies with fabulous gifts to share.”

The Academy, however, issued its own statement regarding the matter regarding the Oscars and Distinctive Assets in the Hollywood Reporter.

“Distinctive Assets’ continued use of the Academy’s trademarks not only infringes the Academy’s trademarks, but it is also likely to dilute the distinctiveness of the Academy’s famous trademarks and tarnish their goodwill,” the lawsuit states. “Press about the 2016 gift bags has focused on both the less-than-wholesome nature of some of the products contained in the bags … and the unseemliness of giving such high value gifts, including trips costing tens of thousands of dollars, to an elite group of celebrities.”

When you have an event, product or mark that is distinctive as that of the Academy Awards or Oscars, you want to be sure to protect it as much as possible. There seems to be no end to the number of people who want to connect themselves to the star of those who are distinctive in their industry. This case is no different.

Because trademarks usually involve unique words or designs that represent a company’s brand identity in order to protect them, it’s important to protect that identity.

At the law offices of Greenberg & Lieberman, we take very seriously the protection of intellectual property rights, whether it is a brand name or trademarks of that business. We know how trademark and intellectual property laws work and we will protect your IP property rights.

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