Intellecual Property: Entertainment - Recent Developments

Arnold v. ABC, Inc. (Southern District of New York, January 29, 2007)

Court Finds No Problem with ABC’s Use of ‘What’s Your Problem?’

It is fair use for ABC to use the phrase “What’s Your Problem?” to advertise and promote its hit TV series “Boston Legal,” despite plaintiff’s claim of trademark infringement. Plaintiff did not establish that ABC was using the phrase in bad faith; also, ABC was not using the phrase as a mark to identify the show or indicate its source. Therefore, the use of the phrase in ads and the ABC website was fair use. Click here for full version.