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| | Thelen Reid & Priest: Articles & Legal Updates (Site not responding. Last check: 2007-10-21) |
 | | For readers who may not follow racing, Cigar is one of the most successful race horses in history; named Horse of the Year in 1995 after a perfect racing season, and again in 1996, and the only horse to ever equal the record for consecutive victories of the legendary champion, Citation. |
 | | Presumably, a painting with Cigar's image, and marketed using Cigar's name, will be of greater appeal, and value, in the market than would an identical painting that did not use the well-known name or the distinctive features of the famous horse. |
 | | CMG claimed that, in the absence of a license from CMG, Cortez's use of the images of Cigar and Brookside's racing silks violated the Lanham Act, a federal statute that protects trademarks and trade dress, and several state laws protecting a property owner's right to control and commercially exploit the property rights in the images. |
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