LexBlog IP

JUNE 16, 2023

The District Court rejected VIP’s contentions and enjoined VIP from manufacturing and selling its Bad Spaniels dog toy holding that when “another’s trademark is used for source identification,” the Rogers test does not apply and the test is whether the use is likely to cause confusion.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

Advertising 87

Advertising Advertising Social Media Blogging 87

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. copyright law, under the doctrine of fair use.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Technology & Marketing Law Blog

JUNE 21, 2023

It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.” In addition, in the Ninth Circuit, the doctrines of nominative fair use (discussed in Toyota v.

Trademark 96

Trademark Blogging Trademark Law Fair Use 96

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. Nike itself had taken the initiative to work with StockX primarily due to its faith in the verification process of StockX.

Trademark 52

Trademark Ownership Branding Brands 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Question: is a political newsletter really artistic?

IP 94

IP Trademark Advertising Advertising 94