Marilyn Monroe: Trade Dress from Whole Cloth?

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In Nova Wines, Inc. v. Adler Fells Winery LLC et al, No. C06-06149 MHP, a California federal district court held, on a motion for preliminary injunction, that Nova’s use of photographic images of Marilyn Monroe on wine bottles was a protected trade dress, preventing others from using even different images of Monroe on bottles, and restricting a copyright owner from licensing any Monroe images for use on wine bottles.

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