Kluwer Copyright Blog

APRIL 29, 2024

In recent first-instance rulings, copies of David by Michelangelo and Vitruvian Man by Leonardo Da Vinci were prevented from being freely used on a board game, a magazine cover page, and an advertising commercial (see also DeAngelis/Giardini here ; Dore/Caso here and here ).

Public Domain 127

Public Domain Artwork Copyright Marketing 127

Plagiarism Today

SEPTEMBER 14, 2022

He found that many commercially-available products were not being sold as advertised and included fillers and even toxic substances mixed in. Perhaps the most damming evidence came out in a February 2022 feature published by Science Magazine. It was then that a formal investigation began.

Journalism 187

Journalism Plagiarism Publishing Public Domain 187

Technology & Marketing Law Blog

MAY 30, 2022

Courts in the Fifth Circuit consider: (1) the type of mark allegedly infringed; (2) the similarity between the two marks; (3) the similarity of the products or services; (4) the identity of retail outlets and purchasers; (5) the identity of the advertising media used; (6) the defendant’s intent; and (7) actual confusion.

Blogging 111

Blogging Social Media Television Fair Use 111

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

Copyright Lately

JANUARY 29, 2024

provides a remedy against “[a]ny person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent.”

Registration 92

Registration Television Advertising Advertising 92

SpicyIP

NOVEMBER 15, 2022

The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

Trademark 105

Trademark Patent Copyright Design 105

SpicyIP

JULY 4, 2024

The invention, belonging to the field of computer science, provides a method for creating and delivering interactive digital content for online advertising campaigns. This includes publications in academic journals, conference posters, newspapers, industry magazines, exhibitions, personal blogs, videos, and even recorded verbal statements.

Art 105

Art Publishing Patent Application Invention 105

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. My product was copied and I haven’t registered it. Final act: will the Supreme Court lend bullfighting a helping hand?

Blogging 52

Blogging IP Advertising Advertising 52

IP and Legal Filings

SEPTEMBER 12, 2024

Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout. Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court.

Branding 98

Branding Brands Branding Trademark 98

LexBlog IP

MAY 19, 2023

The Supreme Court narrowed its attention to the only issue before it, the use of the image in a magazine instead of Goldsmith’s photo, as opposed to as a series of paintings/lithographs. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

The TTABlog

JUNE 11, 2021

In the absence of supporting evidence, we cannot find that Applicant has advertised extensively." Sausser Summers also claimed that it “has advertised in print magazines, social media platforms, internet ads, and various other sources across the U.S. that was under the firm name, not under the proposed mark.

Social Media 40

Social Media Advertising Advertising Business 40

The IPKat

NOVEMBER 20, 2023

Newspaper and magazine articles did not indicate whether they were addressed to Formula 1 fans only or to the general public. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views.

Art 105

Art Brands Branding Branding 105

IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. However, the Courts claimed that since Koons had seen the image in Allure Magazine. According to the Macmillan & Co.

Art 52

Art Copyright Artistic Work Public Domain 52

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 45

Social Media False Advertising Advertising Advertising 45

The TTABlog

APRIL 25, 2023

Applicant argued that its proposed marks are not likely to be translated into English but would be would be perceived as trademarks, since the marks are displayed as such on labels and in advertising. Applicant's evidence of recognition from fashion magazines was not such direct evidence. Read comments and post your comment here.

Advertising 45

Advertising Advertising Copying Trademark 45

LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series. 5 (quoting Google , 141 S.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

CopyrightsWorld

JUNE 10, 2021

It is one of the best means of advertising your business. Do you want to get hired by a fashion magazine? Physical copy matters too! Whether you’re an entrepreneur looking to find photography clients, a freelancer struggling to get clients on UpWork, or a creative seeking employment, you need a portfolio website.

Design 98

Design Designs Art Business 98

43(B)log

MAY 22, 2023

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. Several had appeared in magazines, advertising campaigns, television episodes, and films. 21-2149-cv, F.4th

False Advertising 49

False Advertising Social Media Advertising Advertising 49

43(B)log

FEBRUARY 18, 2022

Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. Expensive to show it by surveys; most show it by circumstantial evidence of advertising and sales.

Copyright 69

Copyright Business Brands Branding 69

43(B)log

FEBRUARY 18, 2022

Industries: advertising, merchandising, movies/TV, and video games. Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. Thus, intermediate copying for reverse engineering of software is now a rule.

Fair Use 45

Fair Use Contracts Litigation Copying 45

43(B)log

MARCH 31, 2023

Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” Nimmer even uses a relevant example: “if author A submits a story to editor E at a magazine for consideration.

Ownership 45

Ownership Art Copyright Registering Trademarks 45

43(B)log

JANUARY 18, 2022

WRB pointed to “promotions and features in magazines,” but at least one of those featured an image of the stump, hammer and nails with no reference to WRB or “Hammer-Schlagen,” “so it is as likely the flyer is evidence of generic use as of acquired distinctiveness.” Its advertising is in orange with block letters and a drawing of a hammer.

Registration 45

Registration Ownership Social Media Marketing 45

IPilogue

JANUARY 11, 2023

The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Farley: In JDI, examples were effective: Blatt said the survey should be relied on because we don’t want judges deciding these questions because judges don’t understand anything about whether panties are related to teen girl magazines.

Trademark 45

Trademark Law Brands Branding 45