The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

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Copyright Trademark Fair Use Contracts 97

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Authors often draw on these shared associations in their literary works, sending beloved fictional characters to real colleges, serving them familiar cereals, and outfitting them in well-known clothing labels.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Kashishipr

AUGUST 17, 2022

Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress. It grants copyright holders the exclusive right to display, perform, or distribute their original works. For more visit: [link].

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Social Media Intellectual Property Registration Branding 52

Selvam & Selvam Blog

AUGUST 22, 2021

The issue arose, when Plaintiff framed a separate prayer for relief in infringement and a distinct prayer for relief in passing off, when in essence he only sought one thing i.e. an injunction against the defendant from using the impugned mark, label or artistic work.

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Trademark Artistic Work Trademark Law Law 52

IP and Legal Filings

MAY 8, 2024

Amidst the clash of titans, the courts undertake a meticulous inquiry into the alleged imitations, bearing witness to the jurisprudential acumen and the solemn duty to uphold the sanctity of trademarks. The concept of overall similarity has been completely ignored by the trial court.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Can you and should you copyright and/or trademark your unique asset before adding it to the blockchain as an NFT?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

Intellectual Property Law Blog

JUNE 16, 2023

10] The Supreme Court declined to answer the question and noted “[w]ithout deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act more cares about: as a designation of source for the infringer’s own goods.” 1125(c)(3)(A). . __ (2023) (No. at 28-33.

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Fair Use Trademark Cease and Desist Designs 130

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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Trademark Design Designs Fair Use 40

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.

Trademark 52

Trademark Intellectual Property Branding Brands 52

LexBlog IP

FEBRUARY 29, 2024

The law gives copyright owners a monopoly to exploit and monetize creative works. Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. Trademark law has something to say about use. His full bio can be viewed here. [1]

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Public Domain Intellectual Property Copyright Trademark 52

IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Current State of the Law on Tattoo Designs. Their application was granted in 1997. Collective Ownership Over Cultural Artwork. Of note, in DRG Inc.

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Ownership Intellectual Property Artwork Copyright Law 102

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.

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Trademark Blogging Trademark Law Fair Use 105