Kashishipr

AUGUST 17, 2022

Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs. Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress. It is easy to use and remember.

Social Media 52

Social Media Intellectual Property Registration Branding 52

LexBlog IP

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.

Copyright 52

Copyright Trademark Fair Use Contracts 52

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es The key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IIPRD

JUNE 14, 2021

Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. A similar problem has been in existence since time immemorial and continues to act as a termite in the world of fashion.

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

SpicyIP

SEPTEMBER 16, 2024

The detailed verdict, heavily punctuated with takeaways for IP observers and fashion enthusiasts alike, is one of the very few final judgements on trademark law passed this year. Following this, it was observed that the creator of the artistic work in CIPL’s mark was free to derive inspiration from the general concept of a crocodile.

Trademark 80

Trademark Branding Branding Brands 80

IIPRD

FEBRUARY 6, 2024

Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. Trademark Law in the Entertainment Industry When it comes to branding and selling entertainment-related goods and services, trademarks are crucial.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

JUNE 16, 2023

Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. Grimaldi test was too permissive of “expressive works” that cause confusion. [8] ’ §1125(c)(3)(A). . __ (2023) (No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. Grimaldi test was too permissive of “expressive works” that cause confusion. [8] ’ §1125(c)(3)(A). . __ (2023) (No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” Nor was referential use required.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

LexBlog IP

FEBRUARY 1, 2023

” 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. Contrary to their Chicken-Little cries, their brands will not be eviscerated by humor, commentary, criticism, or reference. Rogers , 875 F.2d

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]

Public Domain 52

Public Domain Intellectual Property Copyright 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 105

Trademark Blogging Trademark Law Fair Use 105

SpicyIP

JULY 10, 2024

What Constitutes ‘ use’ of a Trademark While the Commercial Court appears to have sided with the respondents (Shane Ali) after prima facie finding the mark used in the film to be deceptively similar to the NBC logo, what appears to have been overlooked, is that there was no ‘use’ of trademark in the first place.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49