LexBlog IP

AUGUST 1, 2023

My last blog post ended with a cliffhanger: but what about Jack Daniel’s and dog toys? Supreme Court in June issued a decision involving trademark law. Jack Daniel’s brought trademark infringement claims against VIP Products, a company that produces a “Bad Spaniels” line of dog toys.

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Fair Use Artistic Work Trademark Trademark Law 40

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Hetronic International.

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Intellectual Property Law Blog

JUNE 16, 2023

2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. The District Court also held that the fair use exclusion for parodies under the Lanham Act’s dilution provision did not apply where the use at issue does not serve as “a designation of source for the [alleged diluter’s] own goods.” 1125(c)(3)(A).

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LexBlog IP

JUNE 20, 2023

The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns. The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. As we previously blogged, the U.S. §1125(c)(3)(C).

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Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. The freedom of authors to use trademarks in their works could be stifled by the threat of litigation.

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Fair Use Intellectual Property Law Trademark Law Trademark 52

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

LexBlog IP

FEBRUARY 1, 2023

The slew of amicus and other briefs had been filed, and it was time to “get crackin’ on” this blog post, as in time to get moving on the drafting. ” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work.

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