Technology & Marketing Law Blog

JUNE 8, 2024

Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. CPUSA2, LLC , 2024 WL 2836241 (S.D. June 4, 2024) BONUS: RVC Floor Decor, Ltd. 2024 WL 2847139 (E.D.N.Y. June 5, 2024). in the Adler v. McNeil case.

Trademark 100

Trademark Advertising Advertising False Advertising 100

43(B)log

APRIL 15, 2024

4th -, 2024 WL 1590590, No. Appellee I Dig Texas tried to appeal to consumers’ preference for American-made products; it used Creager’s photographs of its China-made Montana Post Drivers as part of its advertising. I Dig Texas, LLC v. Creager, F.4th 23-5046 (10th Cir.

Advertising 57

Advertising Advertising Fair Use Copyright 57

The IPKat

MARCH 7, 2024

Setting aside copyright implications, the authors managed to succinctly encapsulate the entire issue of upcycling in the following 49 words: Under current IP rules, upcycling could constitute trademark infringement, trademark dilution, tarnishment, false advertising, and unfair competition.

Intellectual Property 56

Intellectual Property False Advertising Editing Settlement 56

SpicyIP

DECEMBER 30, 2023

Apart from the Madras High Court, the Calcutta High Court has recently published the Draft IPD Rules for public comments by January 5, 2024. The Rules are applicable with respect to practice and procedure for ordinary original, appellate, criminal, and writ jurisdiction of the Court but do not apply to penal provisions of the IP statutes.

IP 124

IP Copyright Trademark Intellectual Property 124