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Amidst the pantheon of pop culture icons, Marilyn Monroe retains a unique allure. And so it is that 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 Monroe on labels of red wine. The case, Nova Wines, Inc. d/b/a/ Marilyn Wines v. Adler Fels Winery LLC, No. C 06-06149 (N.D.Cal Dec. 1, 2006), 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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