Likelihood of Confusion

DECEMBER 21, 2024

Republished by Blog Post PromoterWe reported on Lego’s overreaching years ago here and here. They tried to use trademark rights as a way to protect the design of their toy and avoid competition. Originally posted 2014-02-26 09:43:40. But that is not what trademarks are, much less what they are for.

Blogging 97

Blogging Trademark Reporting Designs 97

Dragons' Den

JANUARY 16, 2025

The boys were looking for 90,000 in return for a 5% stake in Doughboys Group Limited, a frozen pizza brand disrupting the market with its tasty Italian sourdough pizzas, designed to add some flavour to the wholesale market. You can read more about it in our blog. Their logo and colours really capture the artisan and Italian feel.

Blogging 52

Blogging IP Business Branding 52

Technology & Marketing Law Blog

FEBRUARY 28, 2023

I’ve repeatedly expressed my opposition to the California Age-Appropriate Design Code (AADC), and now I’ve put my opposition into more formal terms for a judge. With the pro bono assistance of Jenner & Block, I filed an amicus brief in support of NetChoice’s motion to a preliminary injunction against the AADC.

Design 128

Design Designs Privacy Blogging 128

TorrentFreak

NOVEMBER 20, 2023

As one of the leading niche blog platforms, Tumblr receives thousands of DMCA takedown requests every year. This overview of the worst offenders welcomed a new entry last week; triggered by the unlikely confusion between a Star Trek fandom blog and an adult entertainment actress.

Blogging 126

Blogging Reporting Artwork Copyright 126

Hugh Stephens Blog

JUNE 2, 2024

Image: Shutterstock (AI Assisted) In my last blog post, I discussed the annual Special 301 Report issued by the Office of the US Trade Representative (USTR).

Design 100

Design Designs Intellectual Property Reporting 100

Dragons' Den

JANUARY 18, 2024

It is wise for Liam to think about protecting his IP such as his trade mark w hen trading abroad. Registering your trade mark, design or patent in the UK doesn’t automatically give you protection overseas. If you scored our Dragons' Den IP Blog highly, make sure to subscribe and look out for next week's edition!

Blogging 141

Blogging IP Licensing Business 141

Technology & Marketing Law Blog

MAY 8, 2024

Try as he might to make his claims about the way Instagram is designed, his claims are inherently grounded in third-party content posted to the app. Implications I look at the “product design” workaround to Section 230 as a type of Rorschach test. Meta appeared first on Technology & Marketing Law Blog.

Design 105

Design Designs Social Media Publishing 105

Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. Eric’s Prior Tattoo Copyright Blog Posts. An appeal in Alexander v. Take-Two is likely.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. This particular mask design falls under class 29-02 which covers devices and equipment against fire hazards, accidents and rescues. The design number is 360313-00.

Registration 98

Registration Designs Design Journalism 98

SpicyIP

MARCH 26, 2025

Section 3(k) has been subject to great debate and discussion in the blog. Some of the cases that find mention in the draft have been subject to detailed discussion in the blog, which include Ferid Allani vs Union of India , Microsoft Technology Licensing, Llc vs The Assistant Controller Of Patents And Designs , OpenTv Inc.

Invention 59

Invention Blogging Design Designs 59

JD Supra Law

AUGUST 3, 2023

Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations.

Design 98

Design Designs Intellectual Property Blogging 98

Technology & Marketing Law Blog

AUGUST 8, 2022

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problem, see this lengthy blog post. Today’s bill is AB 2273, the most pernicious of the three.

Design 125

Design Designs Privacy Blogging 125

Technology & Marketing Law Blog

MARCH 14, 2022

By contrast, the Government proposes to read the first phrase “without authorization” as a gates-up-or-down inquiry and the second phrase “exceeds authorized access” as dependent on the circumstances—a reading inconsistent with subsection (a)(2)’s design and structure. Such an unhelpful metaphor.].

Blogging 142

Blogging Technology Government Design 142

IP and Legal Filings

DECEMBER 3, 2024

This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Country Designations- Desires may be expressed by applicants as named member countries for which they seek trademark protection as ‘designated countries.’

Registration 97

Registration Trademark Intellectual Property Branding 97

Plagiarism Today

AUGUST 10, 2022

The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. Though the process sounds long and arduous, the forms RightsClick uses are well-designed and use easy-to-understand language. However, one company is hoping to change that.

Copyright 348

Copyright Cease and Desist Registration Design 348

Traverse Legal Blog

NOVEMBER 25, 2024

Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. If the use of a copyrighted photo is related to commercial purposes, it is almost certain you have infringed.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

IP and Legal Filings

JANUARY 27, 2025

This blog seeks to examine the relationship between AI and IPR and identify critical areas of discussion, conflict, and appropriate strategy within the expanding rubric. For instance, if an AI produces art or designs most similar to other copyrighted art or designs, Equivalence by an AI leads to infringement.

Intellectual Property 101

Intellectual Property Design Designs Licensing 101

Technology & Marketing Law Blog

MAY 17, 2024

Contracts designed solely to control the flow of information are distinguished from those protecting other values, such as privacy. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post X Corp.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. The post Hot Take on the Wavy Baby Decision (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 130

Blogging Trademark Branding Branding 130

Technology & Marketing Law Blog

MARCH 28, 2023

— The thing that binds these two cases together is that both seem designed to build off the 9th Circuit’s reasoning in the hiQ Labs, Inc. Guest Blog Post) appeared first on Technology & Marketing Law Blog. All these claims were dismissed without prejudice, with leave to amend. If there is a next round. LinkedIn Corp.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. –Jack Daniel’s v.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

Technology & Marketing Law Blog

AUGUST 1, 2023

A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section 230. The post Section 230 Immunizes Facebook’s “Design and Architecture” Choices–M.P. Meta appeared first on Technology & Marketing Law Blog.

Design 98

Design Designs Social Media Blogging 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. False Designation of Origin 9. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Thus, the Points Guy.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

JUNE 17, 2023

— I’ve only touched on a fraction of the issues in this case, and this blog is already well over 2,000 words. GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. –Doe 1 v.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Patent Trademark Blog

MARCH 18, 2025

Do you need a utility patent or design patent? Utiliy patents protect functional features whereas design patents protect ornamental features. What are the wrong design patents for Amazon sellers? Design patents are great if used properly. Design patents are great if used properly.

Design Patent 52

Design Patent Patent Designs Design 52

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. Prior AADC coverage : Some Memes About California’s Age-Appropriate Design Code (AB 2273). An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC). Comments on CA AB 2273, The Age-Appropriate Design Code Act).

Design 119

Design Designs Privacy Business 119

The IPKat

OCTOBER 19, 2024

IPKat Team GuestKat Nedim Malovic is taking a break from blogging. We thank him for all his contributions to the blog over the years and we look forward to welcoming him back in due course. Events As always, please do not forget to check our Events page , which is continuously updated. For further information, click here.

Music 64

Music IP Art Blogging 64

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? The post An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC) appeared first on Technology & Marketing Law Blog. For more on the bill, see my prior coverage: Op-ed.

Design 111

Design Designs Privacy Business 111

Technology & Marketing Law Blog

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Bonta appeared first on Technology & Marketing Law Blog. I hope it was worth the wait.] She evangelized Rep.

Design 109

Design Designs Privacy Business 109

Nelligan Law

APRIL 1, 2025

While the official text of the regulations has yet to be published at the time of this blog posting, the Federal Government has announced the changes in a recent news bulletin. If this sounds familiar, it’s because a similar rule was introduced temporarily during the pandemic, and we covered that at the time in this blog post.

Blogging 59

Blogging Government Publishing Reporting 59

Technology & Marketing Law Blog

OCTOBER 25, 2023

” The court doesn’t address the potential licensing market for the tattoo design. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Netflix appeared first on Technology & Marketing Law Blog. In other words, not even close. Netflix, Inc.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

OCTOBER 28, 2022

That’s not what the statute is designed to prevent. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. This decision allows Ryanair to selectively invoke the CFAA against a company that harms its business model for the mere act of harming its business model. –RyanAir v.

Blogging 111

Blogging Cease and Desist Business Litigation 111

Technology & Marketing Law Blog

NOVEMBER 16, 2024

An obvious question: why did the plaintiff choose federal court over the CCB when the CCB was designed precisely for the facts of this case? Whatever the reason, this case’s adjudication in federal court and very low damages award is partially an indictment of the CCB’s failure to occupy the niche it was designed to address.

Copyright 102

Copyright Settlement Licensing Litigation 102

Technology & Marketing Law Blog

JANUARY 23, 2024

“In the context of web-based contracts, clarity and conspicuousness are a function of the design and content of the relevant interface.” First, he fails to cite evidence or relevant authority that would allow the Court to find that Defendant’s form was intentionally designed to distract or mislead a reasonable consumer.

Contracts 98

Contracts Blogging Advertising Advertising 98

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. Monday, I covered AB 2273, the Age-Appropriate Design Code. For background on the bill and its voluminous problems, see this lengthy blog post.

Social Media 136

Social Media Blogging Privacy Government 136

Technology & Marketing Law Blog

AUGUST 24, 2023

Also in the couple of weeks, Microsoft affiliate OpenAI released a product called GPTbot, which is designed to scrape the entire internet. The post Web Scraping for Me, But Not for Thee (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98