Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Oliveira v. Frito-Lay, Inc.

United States Court of Appeals for the Second Circuit
251 F.3d 56 (2001)


Facts

Astrud Oliveira (plaintiff) was the singer on a popular song recorded in 1964, “The Girl from Ipanema.” Oliveira did not compose the music, write the lyrics, produce the song, or acquire any copyrights to the recording. In 1996, Frito-Lay, Inc, (defendant) purchased a license to use the recording of the song in a potato chip commercial from the copyright holders for $200,000. Oliveira sued Frito-Lay, claiming that through the fame of the song she had become known as “The Girl from Ipanema” to the public and had therefore acquired trademark rights in the 1964 recording, and that Frito-Lay could not use the recording without her permission and had infringed her trademark rights. The district court granted Frito-Lay’s motion for summary judgment and dismissed Oliveira’s claim. Oliveira appealed.

Rule of Law

Issue

Holding and Reasoning (Leval, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 408,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial