This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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.
LLC, 2023 WL 2933464, No. 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. But the unauthorized sale of a genuine product does not violate trademarklaw. BRYK Enters.,
Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v.
On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for falseadvertising and infringing Vogue’s trademarks. Looking ahead to 2023. It looks like next year will likely be another busy one in the world of trademarks, between the Supreme Court rulings and the backlogs and changes at the USPTO.
Case citation : Nicolet Law Office S.C. 2023 WL 3340214 (W.D. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet LoanStreet v.
2023 WL 416080, No. Falseadvertising: Spiralverse allegedly falselyadvertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false? Steeplechase Arts & Productions, L.L.C. Wisdom Paths, Inc., 22-02031 (KM)(MAH) (D.N.J.
In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Yum, and easily veganized. ” Say what?
While this is a startling good defense ruling from a trademarklaw standpoint, I could see a state bar arguing that ads violate ethics rules if they produce hundreds of potentially misdirected prospective clients. May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v.
.” It sounds like this narrowed the case solely to the trademark infringement claim.] For background on the legal battles over keyword advertising by lawyers, see this article. McNeil Consultants LLC, 2023 WL 5600128 (N.D. July 27, 2023). Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet
And even if not, the trademark owner’s push for a preliminary injunction, after the advertiser dropped the trademark from the ad copy, probably wasn’t a high ROI decision. Colibri Healthcare, LLC , 2023 WL 5493530 (E.D. Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v.
2023 WL 9051998 (E.D. 28, 2023) More Posts About Keyword Advertising * When Do Inbound Call Logs Show Consumer Confusion?–Adler Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.
22-1373 (GMM), 2023 WL 6201397, -- F. 22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The Falseadvertising: No Lexmark standing for want of proximate cause.
2023 WL 3556053, No. May 19, 2023) Whereas the timeshare falseadvertising 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.
at 997-98, Rogers limited the application of the Lanham Act’s prohibition on falseadvertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content