Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. THE DOCTRINE OF FAIR USE. the effect of the use on the copyrighted work’s potential market for or value. .”

Fair Use 67

Fair Use Copyright Television Copying 67

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Citing a 2003 Ninth Circuit case, Kremen v. It didn’t. First Amendment.

Licensing 90

Licensing Copyright Contracts Advertising 90

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. No wonder I’m getting flashbacks to 2003. Soundalikes: No Actual Sounds, No Actual Infringement?

Music 84

Music Copyright Copying Copyright Law 84

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. So too with plaintiffs’ 2003 Documentary. The court, in a careful opinion, rejected all the claims. The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. Joost Kist Memex (2003) , par. per year from 1996 to 2019).

Trademark 52

Trademark Registration Music Intellectual Property 52

Patently-O

DECEMBER 12, 2021

Missouri’s predominant purpose test, which inquires into whether the predominant purpose of using the famous person’s name or identity is to exploit its commercial value; or whether “the predominant purpose of the product is to make an expressive comment on or about a celebrity.” [15] 2003) (quoting Mark S. 471, 500 (2003)). [16]

Registration 69

Registration Government Advertising Advertising 69