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TTABlog Quarterly Index: October - December 2022

The TTABlog

36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Updated TTABlog Collection of Section 2(a) False Connection Cases Section 2(c) - consent of living individual Precedential No. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - likelihood of confusion: Precedential No.

Designs 67
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TTABlog Quarterly Index: July - September 2022

The TTABlog

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? No] TTABlog Test: (No WYHAs Here!)

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“Murky Terms of Purchase and Ownership”: Nike Sues StockX Over Virtual Sneaker NFTs

IPilogue

On February 3, 2022, Nike filed a trademark lawsuit in New York’s federal trial court claiming the online sneaker reseller, StockX, sells unauthorized pictures of Nike’s shoes through NFTs. Like with many new technologies these days, the laws around NFTs are constantly updating to accommodate this new concept of digital assets.

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512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Technology & Marketing Law Blog

Case Citation : Digital Marketing Advisors v. McCandless Group, LLC, 2022 WL 17403067 (C.D. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

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Can You Copyright or Trademark a Logo Designed by AI?

LexBlog IP

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

Designs 52
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It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

IPilogue

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

Business 131
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Crocs v Dawgs: The Battle of the Clogs

IPilogue

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. While most of Crocs’ lawsuits are in the US, the battles have also crossed the border into Canada, such as Crocs’ October 21, 2022 victory in Crocs Canada, Inc.