Oliveira v. Frito-Lay, Inc.
United States Court of Appeals for the Second Circuit
251 F.3d 56 (2001)
Oliveira (plaintiff), the singer on the 1964 recording "The Girl from Ipanema," held no copyright or authorship rights in the song; after Frito-Lay (defendant) licensed the recording from the actual copyright holders for a potato chip commercial, Oliveira sued, claiming her fame from performing the song had given her personal trademark rights in it as "The Girl from Ipanema," such that Frito-Lay needed her separate permission. The district court granted Frito-Lay summary judgment, and Oliveira appealed.
Whether a performer acquires trademark rights signifying herself personally in a signature song or recording, even though musical compositions can generally serve as trademarks distinguishing goods.