Remove 2023 Remove False Advertising Remove Trademark Law
article thumbnail

Even in default, it's not TM infringement to resell legitimate goods (but maybe false advertising to call them new)

43(B)log

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 trademark law. BRYK Enters.,

article thumbnail

Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023

The IP Law Blog

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.

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

Top Trademark Trends of 2022

Erik K Pelton

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising 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.

Trademark 130
article thumbnail

rebinding books doesn't create derivative works but may be actionable under Lanham Act

43(B)log

2023 WL 416080, No. False advertising: Spiralverse allegedly falsely advertised 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.

article thumbnail

TM and takings claims against Puerto Rico fail: license plates/tags aren't use in commerce

43(B)log

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 False advertising: No Lexmark standing for want of proximate cause.

article thumbnail

Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

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.

article thumbnail

More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff

Technology & Marketing Law Blog

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 False Advertising (Huh?)–LoanStreet LoanStreet v.

Law 105