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Intellectual property law protects creations of the mind, such as music, literature, and other artistic works, as well as symbols, names, images, and designs used
Intellectual property law protects creations of the mind, such as music, literature, and other artistic works, as well as symbols, names, images, and designs used in commerce. In this case, Selena's name, voice, signature, photograph, and likeness are considered intellectual property. As the registered property rights holder, Abraham Quintanilla has the exclusive right to use these elements or to authorize others to use them. Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in a way that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. In this lawsuit, Quintanilla alleges that the holiday cruise company used Selena's name, identity, image, and depicted likeness without authorization, which he claims is a violation of his trademark rights. The outcome of the lawsuit will depend on various factors, including whether the court finds that the use of Selena's intellectual property by the holiday cruise company was indeed unauthorized and likely to cause confusion or deception. If Quintanilla can prove these elements, he may be entitled to remedies such as an injunction (a court order stopping the infringing use) and/or damages (compensation for the harm caused by the infringement)
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