Posts Tagged ‘gambling’

Don’t trade on somebody’ else’s trademark … unless you’re a state.

November 28, 2011

I knew that diplomats had immunity from prosecution, but I didn’t know that states had “sovereign immunity” to do as they please.

Here’s an interesting trademark case:

Atlanta Journal-Constitution: Gambling on Trademarks

Two men lost a $5 million trademark case against the Georgia State Lottery,

The suit involved the logo for Georgia’s MONEYBAG$ game, a velvet pouch with wooden tiles, which George Kyle had registered as a trademark in 1995.

The trademark was used by the Georgia Lottery with Kyle’s permission from 1999 to 2002,

It later appeared on scratch-off tickets in 2005 and 2007, without Kyle’s permission.

The Georgia Supreme Court said that “the Georgia Lottery is shielded from liability by sovereign immunity.”

Why should a state be “immune” from commercial law?

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