SpicyIP

NOVEMBER 19, 2023

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. However, the plaintiff retorted that the work was not permanently situated in the public space.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

LexBlog IP

SEPTEMBER 15, 2022

January 2022: Rapper Lil Yachty (real name: Miles Parks McCollum) sues NFT seller Opulous for trademark infringement based on Opulous using his name and likeness as part of a “Lil Yachty NFT Collection” advertising access to his new music. Miles Parks McCollum v. Opulous et al. 2:22-cv-00587, U.S.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Kluwer Copyright Blog

JULY 24, 2024

The results of these disputes are likely to take years to work through and may have very different outcomes in different jurisdictions given the very wide scope of fair use in the US compared to (inter alia) the EU. in Europe through the Copyright in the Digital Single Market Directive and the Digital Services Act ).

Copyright 135

Copyright Ownership Social Media Licensing 135

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. Rogers , 875 F.2d ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d

Trademark 52

Trademark Intellectual Property Brands Branding 52

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. The Metaverse comprises various technologies, each with its own IPR implications. NIKE’S CONTENTION: i.

Trademark 52

Trademark Ownership Brands Branding 52

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. The court or appeals also commented that relying on IIC might change the available damages and relief—but how exactly?

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

JUNE 21, 2023

It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.” In addition, in the Ninth Circuit, the doctrines of nominative fair use (discussed in Toyota v.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

SpicyIP

OCTOBER 1, 2023

My submission is that it has to be safety against disparagement, dilution, advertising related passing off and offences of similar nature/gravity. Before bestowal, courts need to think, in appropriate cases, of rights of third parties, fair use covering mime, research/educational advancement, criticism and the like.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111