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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999. These NFTs were available on OpenSea- an online NFT marketplace.

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Trademark Infringement in the Digital Age

IP and Legal Filings

Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action. The registration and management of trademarks was another essential component.

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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress. Redbubble, Inc. , Youngs Drug Products.

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