Cease and Desist Fair Use Registration Trademark Law 
Plagiarism Today
OCTOBER 26, 2021
To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.
Technology & Marketing Law Blog
APRIL 29, 2023
.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.
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SpicyIP
AUGUST 22, 2022
This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. C) Any non-commercial use of a mark.
IP and Legal Filings
MARCH 5, 2024
Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.
IPilogue
MARCH 2, 2022
The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. On December 16th, 2021, Hermès sent a cease-and-desist letter to both OpenSea and Rothschild, notifying them of the “blatant violation of intellectual property.”
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.] Source-identifying uses of marks.
Technology & Marketing Law Blog
MARCH 4, 2022
By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law. Federal Circuit holds refusal to register a political message for T-shirts violates the First Amendment, but fails to acknowledge that these types of registrations can chill expression.
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