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. 2023 WL 7325109 (N.D. Meta Platforms, Inc.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

2023), I already had my red grading pen out. The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. MSCHF Prod. Studio, Inc. LEXIS 32063 (2d Cir.

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LexBlog IP

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Next, we have Abitron Austria GmbH v.

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Copyright Trademark Fair Use Contracts 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. Supreme Court, Brief for Petitioner (11 January 2023), page 3, available here. 22-148, U.S.

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The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). Welch 2023. Read comments and post your comment here. Text Copyright John L.

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Trademark Trademark Law Fair Use Blogging 52

LexBlog IP

JUNE 15, 2023

Most recently, the Ninth Circuit applied the Rogers test to dog chew toys that mimicked the trademarks appearing on a whiskey bottle. 22-148, 2023 WL 3872519 (U.S. June 8, 2023). Supreme Court, in turn, vacated the Ninth Circuit’s judgment in its highly anticipated decision issued on June 9, 2023. June 8, 2023).

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Trademark Fair Use Design Designs 52

IP Intelligence

JUNE 15, 2023

Most recently, the Ninth Circuit applied the Rogers test to dog chew toys that mimicked the trademarks appearing on a whiskey bottle. 22-148, 2023 WL 3872519 (U.S. June 8, 2023). Supreme Court, in turn, vacated the Ninth Circuit’s judgment in its highly anticipated decision issued on June 9, 2023. June 8, 2023).

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Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.”

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LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

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Fair Use Cease and Desist Trademark Design 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

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Fair Use Cease and Desist Trademark Design 52

SpicyIP

NOVEMBER 17, 2023

Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Course in Brief Dates : 22nd – 23rd November, 2023 Time : Day 1: 9:30 AM to 5:00 PM IST; Day 2: 9:30 AM to 1:00 PM IST Venue : Centre for Technology and Law, DA-IICT, Gandhinagar Duration : 1.5

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LexBlog IP

JUNE 9, 2023

On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniels in the case of Jack Daniel’s Properties, Inc. ’ And because of this, “trademarks are often expressive, in any number of ways.” In that case, the Court focused on the economical use and purpose of the original photograph.

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Trademark Cease and Desist Fair Use Branding 52

IP Intelligence

JUNE 14, 2023

Most recently, the Ninth Circuit applied the Rogers test to dog chew toys that mimicked the trademarks appearing on a whiskey bottle. 22-148, 2023 WL 3872519 (U.S. June 8, 2023). Supreme Court, in turn, vacated the Ninth Circuit’s judgment in its highly anticipated decision issued on June 9, 2023. June 8, 2023).

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Trademark Fair Use Design Designs 40

IIPRD

JUNE 9, 2024

Ruling in favor of Hermès, Mason Rothschild was held accountable for trademark infringement, dilution, and cybersquatting on all three counts by a federal jury in Manhattan on February 8, 2023. The jury gave Hermès a damages award of almost $133,000.

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Intellectual Property Non-Fungible Tokens Trademark Design 59

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. And, it is that marketplace meaning that likely serves as the true basis of the long running lawsuit.

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SpicyIP

JANUARY 20, 2024

Moreover, as the 1987 report notes, IP litigation was very limited at that time, except for trademark law. Then in 2004, IIT Kharagpur’s Rajiv Gandhi School of IP came into being with generous funding from US billionaire Vinod Gupta. Upendra Baxi envisaged in his 1986 article, Copyright Law and Justice in India.

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LexBlog IP

JUNE 20, 2023

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. S. _ (2023) (hereinafter “Slip Op.”). The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns.

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Trademark Design Designs Fair Use 40

43(B)log

MAY 22, 2023

2023 WL 3556053, No. May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Exotic Island Enters., 21-2149-cv, F.4th 4th - (2d Cir.

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Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Fair Use Cease and Desist Copyright Trademark 105

Technology & Marketing Law Blog

JUNE 8, 2024

In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” Yum, and easily veganized. We usually get ours at the local farmers market.] ” Say what? in the Adler v. McNeil case.

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. ” ( at 36 ). VIP Products LLC, is so important ?

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Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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Trademark Blogging Trademark Law Fair Use 105

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.

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