2009 Advertising Copying Marketing 
Technology & Marketing Law Blog
DECEMBER 13, 2023
Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.
The TTABlog
JANUARY 24, 2022
Fender Musical Instruments , 94 USPQ2d 1549, 1555 (TTAB 2009) (guitar shape). "[C]ourts The applicant did not offer survey evidence nor any evidence of "look for" advertising. Its sales figures lacked information regarding market share. Genericness: Generic product designs cannot be registered.
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IP and Legal Filings
JANUARY 5, 2023
To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. 1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes.
Kluwer Copyright Blog
NOVEMBER 22, 2021
This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. If a copy of a computer program is published in the territory of the EU/EEA with the consent of the rightholder, Section 69 No.
The TTABlog
JUNE 10, 2021
The Board then applied the CAFC's Converse analysis to applicant's evidence: use of the proposed mark since 2007, approximately 250,000 units sold for $3M in revenue, $25,000 spent for advertising, promotion of mark on social media an on its website, and a ranking for several years as the best-selling and highest-rated pellet on Amazon.com.
43(B)log
AUGUST 17, 2021
Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 59 Murray Enterprises, Inc.,
Patently-O
DECEMBER 11, 2023
In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose.
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