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02-428 DASTAR CORP. v. TWENTIETH CENTURY FOX FILM Ruling below: CA 9, No. 00-56703, 4/19/02 unpublished. QUESTIONS PRESENTED 1. Does the Lanham Act protect creative works from uncredited copying, even without a likelihood of consumer confusion? 2. May a court applying the Lanham Act award twice the defendant's profits for purely deterrent purposes? CERT. GRANTED: 1/10/03 Expedited briefing schedule.
In the case of Dastar Corporation v. Twentieth Century Fox Film Corporation, the U.S Supreme Court ruled in favor of Dastar, reversing a previous decision by the Ninth Circuit Court of Appeals. The dispute arose when Dastar re-packaged and sold a series of World War II television programs originally produced by Fox, without giving credit to them as the original creators. Fox sued for false designation origin under section 43(a) of Lanham Act which prohibits misrepresentation regarding nature or origin of goods or services. However, Justice Scalia delivered an unanimous opinion stating that "origin" referred only to physical goods themselves not their producer; hence it did not apply to intellectual property like copyright infringement claims but rather tangible products being falsely represented as someone else's workmanship. Therefore, since there was no actual copying or theft involved in terms material objects (i.e., tapes), and because copyrights had expired on these works making them public domain content available for anyone’s use - including repackaging/reselling - this did not constitute violation under Lanham Act according to court's interpretation.
In the Dastar Corporation v. Twentieth Century Fox Film Corporation case, there was no dissenting opinion recorded. The Supreme Court's decision in favor of Dastar was unanimous (8-0), with Justice Scalia delivering the opinion of the court. This means all justices agreed on the outcome and reasoning behind it, hence no justice wrote a dissenting opinion to express disagreement or alternative views on this particular case.