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TM and takings claims against Puerto Rico fail: license plates/tags aren't use in commerce

43(B)log

Thus, “not only are these not the classes of products or services that trademark law protects, but issuing motor vehicle license plates and tags cannot be considered commercial use, as it is a clear government activity.” False advertising: No Lexmark standing for want of proximate cause.

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Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying? lululemon is the well-known yoga gear company.

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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” I mean, pretty much every physical product meets this definition, right? .”

Trademark 139
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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

The Lounge has been in operation since 1964 and has gained regional fame by hosting many entertainment and athletic events.” Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. This justification is at least consistent with the core idea of trademark law.

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

SpicyIP

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v. Makemytrip (India) Pvt. Novex Communications Pvt.

IP 124
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USC IP year in review, TM/ROP

43(B)log

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