2010, Fair Use and Trademark Law - Intellectual Property Pulse

2010

Fair Use

Trademark Law

Best of 2010: An opinion to Di for

Likelihood of Confusion

JUNE 17, 2023

First posted on May 5, 2010. I do a lot of bellyaching around here about how there are never any consequences for filing frivolous trademark and copyright lawsuits. The post Best of 2010: An opinion to Di for appeared first on LIKELIHOOD OF CONFUSION™. What’s the.

Trademark

Trademark Copyright Fair Use Trademark Law

Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010

Likelihood of Confusion

AUGUST 25, 2023

First posted on January 17, 2010. From last week’s INTA Trademark Topics email discussion list. The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. One name has been changed to protect the innocent, and the links, by way of.

Branding

Branding Brands Branding Trademark

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Top Trademark Trends of 2022

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2010: [link].

Trademark

Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Allegedly, Facebook and Instagram refused the takedown demands because the trademark violations weren’t obvious. Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. This ruling highlights the legal risk.

Trademark

Trademark Contracts Blogging Fair Use

Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. 2010 (42) PTC 572 (Del.)

Trademark

Trademark Registering Trademarks Trademark Law Branding

Second Life case settles

Likelihood of Confusion

AUGUST 19, 2021

Originally posted 2010-03-28 10:00:14. The IMPACT® blog reports a settlement in the Second Life dispute. Republished by Blog Post Promoter. The post Second Life case settles appeared first on LIKELIHOOD OF CONFUSION™.

Settlement

Settlement Blogging Reporting Fair Use

Journey Through “Januarys” on SpicyIP (2005 – Present)

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. It’s the 8th post of this monthly series.

Non-Fungible Tokens

Non-Fungible Tokens Copyright Business Moral Rights

Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited).

Trademark

Trademark Registration Music Intellectual Property

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The court approaches this case like it’s an adware case, but the court never once uses the term. WhenU concluded that copyright was a dead-end. 1-800 Contacts v.

Licensing

Licensing Copyright Contracts Advertising

A Look Back at India’s Top IP Developments of 2023

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v. Acko General Insurance.

IP Copyright Trademark Intellectual Property

The infringement that never has to say “likelihood of confusion”

Likelihood of Confusion

DECEMBER 6, 2024

Originally posted 2010-09-06 15:36:21. Republished by Blog Post PromoterProfessor Eric Goldman writes about the latest unfortunate development in the extension of “initial interest confusion,” that “infringement” of the Lanham Act that continues the trend eviscerating the doctrine of nominative fair use.

Fair Use

Fair Use Blogging Trademark Trademark Law

IPSC: IP in the Aftermath of the Supreme Court and some TM

43(B)log

AUGUST 8, 2024

Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. Congress endorsed an incompletely theorized agreement w/o contents of fair use being defined.

Fair Use

Fair Use IP Art Registration

Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?

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] 10] In re Hoefflin , 2010 WL 5191373, *1. [11]

Registration

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Best of 2010: An opinion to Di for

Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010

Trending Sources

Top Trademark Trends of 2022

Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999

Second Life case settles

Journey Through “Januarys” on SpicyIP (2005 – Present)

Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

A Look Back at India’s Top IP Developments of 2023

The infringement that never has to say “likelihood of confusion”

IPSC: IP in the Aftermath of the Supreme Court and some TM

Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?

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