April 2007

By Patrick Eyers

The first federal case to consider directly the intersection of copyright and trade dress rights arose from a dispute over the use of revealing photographs of a young Marilyn Monroe on labels of red wine. The case, Nova Wines, Inc. d/b/a/ Marilyn Wines v. Adler Fels Winery LLC, out of the Northern District of California, was decided on a preliminary injunction motion and involved two commercial wine merchants intent on capitalizing on Monroe’s enduring marketability.

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