LexBlog IP

JANUARY 12, 2024

fair use) must be evident from the face of the complaint. Here, while defendant’s own mark prominently appeared alongside plaintiff’s mark on its packaging, whether this was fair use could not be determined at the 12b6 stage. SDNY: For purposes of a MtD, Defendant’s affirmative defenses (e.g.

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Fair Use Brands Branding Branding 52

Copyright Lately

OCTOBER 20, 2024

American accused the website of deceiving customers, selling unauthorized tickets, and tarnishing its brand. Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. This left the copyright claim over the unauthorized use of American’s flight symbol logo.

Copyright 86

Copyright Fair Use Social Media Business 86

Copyright Lately

SEPTEMBER 29, 2024

Atari asserted that State Farm’s ad damaged its brand by showing the company’s khaki-clad spokesperson “Jake from State Farm” smacking the machine to get it working—implying that Atari’s products were unreliable and outdated.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

Likelihood of Confusion

OCTOBER 24, 2022

Originally posted on November 13, 2008: “We cannot allow our brand to be abused.” ” What “brand” is that? The post “We cannot allow our brand to be abused” appeared first on LIKELIHOOD OF CONFUSION™. Dr. Martin Luther King, Jr. The greed of the.

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Brands Branding Branding Fair Use 75

Traverse Legal Blog

OCTOBER 20, 2022

But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset. What is a Fair Use Defense to a Copyright Infringement Claim?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

TorrentFreak

OCTOBER 1, 2023

.” And then there’s the increasing number of channels posting ‘copyright disclaimers’ citing Section 107 of the Copyright Act 1976, stating that since everything on the channel is ‘fair use’, channel owners are exempt and can never be sued. Created by Ethan and Hila Klein, the channel has over 2.93

Fair Use 120

Fair Use Copyright Copying Copyright Infringement 120

Olartemoure Blog

NOVEMBER 29, 2023

In the digital world, and working with visuals and sometimes with external brands, you navigate a potential minefield of IP risks. Build Trust: Registered content builds trust and credibility, making content more trustworthy for followers and brands. In the world of content creation, your originality is your superpower.

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IP Content Creation Intellectual Property Fair Use 105

Intepat

DECEMBER 18, 2024

Music: Background tracks, intro/outro jingles, and audio snippets, which require proper licensing or permission for use. Visual Elements: Podcast cover art, promotional graphics, logos , and any visual branding elements that accompany the podcast. The key aspects of a podcast that are covered by copyright include: 1.Music:

Licensing 52

Licensing Copyright Public Domain Music 52

IP Tech Blog

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC. Neither of these prongs is easy [for a plaintiff] to meet.”.

Brands 57

Brands Branding Branding Fair Use 57

Technology & Marketing Law Blog

OCTOBER 17, 2022

” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). Otherwise, “emoji” is at most descriptive of the goods in question, so there should be an air-tight descriptive fair use defense. The trademark registrations discourage that outcome. That’s messed up. How messed up?

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Trademark Fair Use Registration Licensing 124

Technology & Marketing Law Blog

OCTOBER 5, 2023

The court says that the merchant made a descriptive “fair use” of the “emoji” term, but the court didn’t actually say that “emoji” qualifies as a descriptive trademark, instead of an arbitrary mark, for stickers. The word “Emoji” helpfully describes the stickers that Winlyn is selling.

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Trademark Fair Use Trademark Law Brands 133

Corsearch

FEBRUARY 15, 2024

Allowing brands to connect with their consumers and establish a recognizable online presence, it is a crucial platform to reach audiences on a global scale. Here are some of the most common types of scams observed on the platform: Fake/ impersonation accounts Scammers create fake accounts that closely mimic established brands.

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Brands Branding Branding Social Media 59

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Plagiarism Today

OCTOBER 26, 2021

Besides, even if a rightsholder did decide to target such home uses (which would likely be against their self-interest), it is almost certain that it would be found to be a fair use. However, commercial use of costumes still raises legal questions. They are part fashion, part artwork, part branding and part character.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

IPilogue

JUNE 21, 2022

Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. With consumers attributing scams to Nike, the use of Nike’s marks on these NFTs have generated negative associations with Nike in a way that harms Nike’s reputation and immense goodwill.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

Olartemoure Blog

AUGUST 19, 2022

Sustainable brands have ended up being one of the most successful business operations, bringing together environmental, economic, and social issues into our daily goods and services. Congressional commitments made through the Science Act illustrate the importance of prioritizing research focused on solving urgent problems. . First Name.

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Fair Use Intellectual Property Business Brands 98

Likelihood of Confusion

OCTOBER 28, 2024

The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™. Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? Makes me want to throw a SUPER BOWL PARTY!

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Brands Branding Branding Blogging 52

LexBlog IP

JULY 12, 2023

As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants. Platforms will typically also consider how a name is being used, including whether the name might be used in accordance with fair use principles.

Social Media 52

Social Media Brands Branding Branding 52

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. Grimaldi , and later adopted and expanded by the Ninth Circuit.

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Blogging Trademark Fair Use Trademark Law 116

LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: Now anyone can use the word ESCALATOR to describe a moving stairway. Further, marks can become abandoned if the owner stops using the mark.

Brands 52

Brands Branding Branding Trademark 52

TorrentFreak

SEPTEMBER 30, 2021

The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. These include misuse of copyright, fair use, unclean hands, and excessive damages. In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. Fifteen in total.

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Copyright Settlement Litigation Fair Use 145

IPilogue

OCTOBER 12, 2022

Netflix alleges Barlow and Bear have benefited from their album’s false association with the Bridgerton brand. Barlow and Bear may use the “fan fiction” defence to claim their work is not an infringement based on fair use by proving the elements of fair use: the art is transformative and adds new meaning to the original show.

Intellectual Property 105

Intellectual Property Social Media Fair Use Music 105

Plagiarism Today

OCTOBER 19, 2022

Right now, the fair use questions around software make it difficult to predict how a court might rule. GitHub made much of its name and brand due to open-source developers. Likewise, any code generated by Copilot may have a different “purpose and character” than Google did in creating Android, setting up another challenge there.

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Licensing Copying Fair Use Litigation 264

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

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Fair Use Copying Television Social Media 98

Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

Intellectual Property Law Blog

JUNE 16, 2023

7 Brand Tennessee Sour Mash Whiskey” into “The Old No. The District Court rejected VIP’s contentions and enjoined VIP from manufacturing and selling its Bad Spaniels dog toy holding that when “another’s trademark is used for source identification,” the Rogers test does not apply and the test is whether the use is likely to cause confusion.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

SpicyIP

MAY 1, 2023

Some have argued in favour of fair use, at least in the US context. It has been contended that use of databases should generally be allowed for training, whether the contents of such database are copyrighted or not. It could be argued that such use is protected under Section 52(1)(b) of the Act (i.e.

IP 129

IP Licensing Fair Use Moral Rights 129

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

In recent years, she has played a key role in litigation surrounding the “Fearless Girl” statue, which was famously unveiled in New York City in 2017, as well as trademark litigation on behalf of travel metasearch engine Kayak. .

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

IP and Legal Filings

JULY 31, 2021

Despite this, AGL lawyer Megan Evetts said there was a “clear intention to harm the brand.” Primarily, AGL’s contention was onto the conduct of Greenpeace which was not for criticism or satirical purpose but was for harming the brand and a part to pressurize AGL to change the way for the company to work.

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Social Media Fair Use Copyright Copyright Law 98

Likelihood of Confusion

AUGUST 25, 2023

The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. From last week’s INTA Trademark Topics email discussion list. One name has been changed to protect the innocent, and the links, by way of.

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Brands Branding Branding Trademark 52

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC.

Brands 52

Brands Branding Branding Fair Use 52

SpicyIP

OCTOBER 14, 2024

Discussing the US decision in Hachette Book Group v. Internet Archive, Tanishka Goswami explains the implication of the decision on fair use and access to information. Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws?

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Trademark Registering Trademarks IP Copyright 105

IP Close Up

AUGUST 20, 2024

and other power brands will be entering the public domain at an alarming rate between Continue reading Iconic characters from Disney, Marvel and DC Comics (Warner Bros.)

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Public Domain Branding Branding Brands 98

Technology & Marketing Law Blog

JULY 5, 2021

Pattern Brands, Inc., First, as discussed above, these searches have only a limited usefulness in establishing whether PRETZEL CRISPS is generic due to the more than a decade (and $50 million in advertising and marketing expenditures) that has passed since the challenged registration of the mark in 2005. 2021 WL 1226156 (S.D.N.Y.

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IP Social Media Fair Use Brands 85

TorrentFreak

JULY 14, 2024

A white label agreement is commonly used to govern the supply of goods or services by one party, for use by another party in their course of their own business, oftentimes under their own branding. Parrish has not directly confirmed that he will rely on a fair use defense, although that is clearly one of the options available.

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Copyright Licensing Fair Use Derivative Work 127

IP Watchdog

JANUARY 22, 2023

Supreme Court granted a petition for writ of certiorari filed by famed whiskey brand owner Jack Daniel’s Properties. Last November, the U.S. The petition filed by Jack Daniel’s appealed the U.S.

Artistic Work 124

Artistic Work Brands Branding Branding 124

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

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Trademark Fair Use Registration Brands 96