43(B)log

MARCH 1, 2022

Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. If that were all, copying the WIN Passage would be qualitatively significant. NXIVM Corp.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

LexBlog IP

OCTOBER 25, 2021

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” 1-800 Contacts also claims that Warby Parker copied its website design to “ intentionally deceive and confuse ” consumers.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? The Plaintiff has been using the infringed trademark ‘FLY HIGH’ since 2004. Would you mix up these two labels: Officers Choice and Peace Maker?

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

43(B)log

AUGUST 22, 2022

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. 1934) (finding unenforceable the sale of a violin represented as a Stradivarius when buyer and seller were both mistaken and the violin was a cheap copy).] 4th 135 (2004); cf. Sony Music Entertainment, P.3d

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. The Lenz case got a lot of press, but it ended with a confidential settlement. Diebold from 2004, which led to a $125k damages award. A New 512(f) Plaintiff Win!

Registration 132

Registration Fair Use Copyright Designs 132

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

No earlier than July 31, 2023 per settlement. No earlier than November 20, 2023 per settlement. . No earlier than June 30, 2023 per settlement. No earlier than September 30, 2023 per settlement. No earlier than July 1, 2023 per settlement. No earlier than January 31, 2023 per settlement. January 2021.

Litigation 52

Litigation Settlement Marketing Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 126

Advertising Advertising Trademark Settlement 126