Defrost ‘Ice Age’ TM Row With Fox, Artist Tells 9th Circ.

Law360, San Jose (November 9, 2017, 10:17 PM EST) -- An artist who lost a New York suit alleging Fox Entertainment Group infringed the trademark for her rodent character in its “Ice Age” movies urged the Ninth Circuit on Thursday to revive her subsequent California suit, saying the second suit raises a trademark first-use issue not litigated in New York.

The lower court erred when it dismissed the artist’s complaint on the basis that doing so would improperly relitigate the issue of whether “priority of use” had been established, attorney Charlynne Rejaian of Thorsnes Bartolotta McGuire...
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