IPilogue

JUNE 21, 2022

Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. With consumers attributing scams to Nike, the use of Nike’s marks on these NFTs have generated negative associations with Nike in a way that harms Nike’s reputation and immense goodwill.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 98

Trademark Social Media Advertising Advertising 98

IP Tech Blog

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC. Neither of these prongs is easy [for a plaintiff] to meet.”.

Branding 57

Branding Brands Branding Fair Use 57

SpicyIP

JULY 1, 2024

Dabur alleged that these depictions were disparaging their trademarks, infringing their copyright, could mislead viewers and negatively impact their brand. Way Forward These incidents raise pertinent questions about the regulatory frameworks governing advertisements. Anchor ( para 64 )).

Advertising 105

Advertising Advertising Copyright Infringement Trademark 105

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” Pattern Brands, Inc., There is no evidence to suggest that Defendant’s use of the material was anything other than fair.

IP 85

IP Social Media Fair Use Branding 85

43(B)log

SEPTEMBER 28, 2021

Vampire Family Brands, LLC v. MPL Brands, Inc., Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. Similarly, VFB alleged that a real “margarita” is made with tequila and, therefore, the absence of tequila from MPL’s Margarita Cocktail constituted false advertising.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

SpicyIP

JANUARY 13, 2025

Do robust defences such as freedom of speech, right to livelihood, public interest, and fair use offer absolute protection against infringements? 2, a marketing/advertising agency acting under the instructions of defendant no.1, Other Posts Navigating Personality Rights Does Fame Have a Trade-Off? But Defendant No.

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC.

Brands 52

Brands Branding Branding Fair Use 52

TorrentFreak

FEBRUARY 1, 2024

In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event. TEI), the company behind various H3-branded channels, filed a counter-complaint against counter-defendant Triller.

Copyright Infringement 108

Copyright Infringement Advertising Advertising Copyright 108

Patently-O

JULY 19, 2023

And, that person’s brand is their name, image, and likeness. The growth of the internet and influencer culture has raised the awareness and importance of publicity rights as the a key transferable with endorsement deals and celebrity advertising. How should we balance free speech, parody, and fair use concerns?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

LexBlog IP

JULY 18, 2023

This time I will be covering fair use for trademarks instead of copyright. Fair use in the trademark space breaks down into two categories. The first is descriptive fair use. The second is nominative fair use. As Erin covered in an earlier post , trademarks are on a spectrum of distinctiveness.

Trademark 52

Trademark Fair Use Branding Brands 52

43(B)log

SEPTEMBER 3, 2021

Fortunately for OSU, the court of appeals held that the Lanham Act extends direct liability beyond manufacturers, sellers, and those “who apply infringing marks to sales displays or other related advertising materials.” Redbubble interweaves its brand with the products it sells.”

Trademark 105

Trademark Advertising Advertising Design 105

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. It has become a common to modify brand names, movie titles etc. Parody is often taken as a defence in trademark infringement suits. to create memes, satirical one-liners etc., s commercial.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. If anything, fame may make it easier for Ford to avoid any linkage to the used-car seller.]

False Advertising 59

False Advertising Advertising Advertising Social Media 59

DuetsBlog

OCTOBER 5, 2020

Hearty thanks to Colette Durst , Stephen Lee , and Susan Perera , for generously sharing their insights and perspectives about trademark nominative fair use. In case you missed it, here is my Trademark Nominative Fair Use of Another’s Logo post from March, leading up to the 2020 AIPLA Annual Spring Meeting.

Fair Use 59

Fair Use IP Trademark False Advertising 59

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

SpicyIP

APRIL 20, 2025

They alleged that the defendant was manufacturing and offering for sale, replicas of the products associated with its marks, and advertising the same on its website and Instagram profile using the deceptively similar word marks JELLY KELLY, ORAN and KINBAG. 63, Copyright Act.

Cease and Desist 59

Cease and Desist Registration Trademark Copyright 59

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Trademark and Copyright Law Blog

JULY 9, 2020

In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media ; after all, it concerns a relatively well-known brand and the intriguing question of genericness.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

FEBRUARY 24, 2023

1A and Article III standing are there, but worrisome; casualness over stare decisis does suggest courts are willing to look at things from scratch—Vintage Brands; Netchoice—everything might be up for grabs. Does “brand personality” online change what TMs are about? Does “brand personality” online change what TMs are about?

Trademark 69

Trademark False Advertising Fair Use Branding 69

SpicyIP

AUGUST 6, 2024

BomHC’s ruling aptly recognised that unauthorised exploitation of a celebrity’s persona not only infringes on their legal rights but also jeopardises their career and personal brand. It clearly establishes that AI cannot be used to exploit celebrity personas for profit, emphasising the need for ethical use of technology.

Personality Rights 111

Personality Rights Moral Rights Technology Copying 111

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Ingredients v.

False Advertising 49

False Advertising Contracts Branding Brands 49

Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. This freedom of expression defence was used in the Koons cases, in addition to the parody defence.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 90

Copyright Trademark Copying Fair Use 90

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. They may also be interested in licensing their sound recordings for AI training purposes.)

Music 99

Music Copyright Copying Copyright Law 99

IP Tech Blog

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Without getting into whether VIP’s use was not, in fact, “commercial,” the Court reasoned that the “ ‘non-commercial use’ exclusion.

Branding 57

Branding Brands Branding Trademark 57

IP and Legal Filings

SEPTEMBER 30, 2022

Trademark infringement without prior consent: As per the initial complaint, filed in a “District Court in New York,” StockX is issuing, advertising, and selling NFTs bearing Nike’s trademarks at high prices without Nike’s approval or authorization. NIKE’S CONTENTION: i.

Trademark 52

Trademark Ownership Branding Brands 52

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. Costco contended that “Tiffany” is not just a brand name but also a recognised term for ring setting which is not infringement as they have been using it in good faith.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

LexBlog IP

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

Intepat

JULY 11, 2024

Introduction The issue came to light when one of the founders of a company named Dorje Teas put up a post on LinkedIn claiming that they have been served a copyright infringement notice by Shark Tank India for the unauthorized use of clips of their pitch on the show to advertise on Youtube and Meta ads.

Copyright 52

Copyright IP Social Media Copyright Law 52