Remove 2019 Remove Advertising Remove Copying Remove Fair Use
article thumbnail

"TM-compliant" ads not shown to be nominative fair use

43(B)log

First, nominative fair use permits only the “truthful use of a mark.” Use of the mark with the words “compliant,” “legal,” and “meets. Toyota, 610 F.3d 3d at 1177. Defendants contended that one axe “meet[s] WATL Regulations” and that another “meets WATL Regulations with a slight modification that is commonly made.”

article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. 1:18-CV-850-RP, 2019 WL 5258056, at *2 (W.D. June 26, 2019), report and recommendation adopted, No. 1:18-CV-850-RP, 2019 WL 5243187 (W.D. June 26, 2019), report and recommendation adopted, No.

Trademark 100
article thumbnail

Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement

43(B)log

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

article thumbnail

Digitalization And Copyright Law

IP and Legal Filings

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters. Kim cartoon and Ors. ,

article thumbnail

Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter

Technology & Marketing Law Blog

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

article thumbnail

Parody under the Copyright Law

IP and Legal Filings

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. sought an interim injunction against Hindustan Coco-Cola for infringement of their copyright on ‘Yeh Dil Maange More’ which was used by Hindustan Coco-Cola as ‘Kyo Dil Maange No More’ in their advertisement.