Technology & Marketing Law Blog

JUNE 8, 2024

” But the trademark registration was over 5 years old, so it had become “incontestable.” Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. ” The right answer should be “no one.”

Trademark 101

Trademark Advertising Advertising False Advertising 101

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

IP and Legal Filings

APRIL 28, 2022

It owns multiple trade mark registrations for the word “Tiffany” in connection with “Decorative Art Objects Made in Whole or in Part of Precious or Semiprecious Metals” among others. Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. ” The Sports Auth.,

Fair Use 52

Fair Use False Advertising Trademark Branding 52

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

SpicyIP

DECEMBER 30, 2023

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. HULM Entertainment v. First, in Toyota v. d) Other IP Developments 1. Meticulous Market Research Pvt.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Usufructuary rights—use and benefit from property; interference w/right to repair and w/right to use it with other stuff by preventing interoperability. Property v. property: TM v. chattels; IP v.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

FEBRUARY 25, 2023

Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard). We could do things like market share analysis—but TM might not try to prevent copying others’ TMs in general. There is a morality for that.

Trademark 72

Trademark Marketing Marketing Advertising 72