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Show the pictures to your clients and say “this is descriptive fair use”: Solid 21 v Breitling (2d Circuit RED GOLD)

LexBlog IP

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination.

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Trademark law and LinkedIn resumes: watch out?

43(B)log

Venkateswaran, 2024 WL 3487735, No. Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Portkey Tech.

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SpicyIP Weekly Review (July 29-August 4)

SpicyIP

Drop a comment below to let us know. Highlights of the Week Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Read on below for the comments on the draft Rules by Rishabh Deshpande, Praharsh Gour, and Swaraj Barooah.

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Earth, Wind & Infringement: TM owner succeeds against overclaiming "reunion" band

43(B)log

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). But with nominative fair use, courts engage in more unfair competition/normative reasoning. Earth, Wind & Fire IP, LLC v.

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Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

Kluwer Copyright Blog

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet.

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SpicyIP Weekly Review (November 13- November 19)

SpicyIP

VIII, Issue I [Submit by January 7, 2024] NLU Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for publication for its upcoming issue. The last date for submissions is January 7, 2024. Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol.

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A Look Back at India’s Top IP Developments of 2023

SpicyIP

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Makemytrip (India) Pvt.

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