Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

LexBlog IP

OCTOBER 25, 2021

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” 1-800 Contacts also claims that Warby Parker copied its website design to “ intentionally deceive and confuse ” consumers.

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Advertising Advertising Trademark Cease and Desist 52

IP Tech Blog

AUGUST 17, 2022

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. 57 of the Trademark Law.

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Trademark Registering Trademarks Art Cease and Desist 104

The IP Law Blog

MARCH 2, 2021

In Romag , the Court examined whether a plaintiff in a trademark infringement action is required to show that a defendant willfully infringed the plaintiff’s trademark to obtain a profits award. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

IPilogue

MARCH 2, 2022

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Trademark Protection in the Metaverse .

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . However, there are precautionary steps a company can take to prevent unintended liabilities.

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IP Intellectual Property Social Media Cease and Desist 98

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 100

Trademark Blogging Trademark Law Fair Use 100

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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Registration Trademark Blogging Law 75