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TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

We usually get ours at the local farmers market.] ” That prompted this litigation. Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. Yum, and easily veganized. ” Say what? ” Uh oh.

Trademark 100
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Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

SpicyIP

Furthermore, the continuous sales done by the violating party flood the market with infringing products where they are sold at a fast pace on a regular basis. The similarity/copying should be slavish and of a high degree between the product of the plaintiff and the product of the defendant. Some of these benefits are: A.

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Accused Pirate Asks Court to Dismiss Lawsuit from Suspended ‘Copyright Troll’

TorrentFreak

courts, collecting millions of dollars in settlements. Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., — A copy of John Doe’s first amended answer and counterclaims, filed at a federal court in Texas, is available here (pdf). but in recent years this activity ground to a halt.

Copyright 131
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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

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Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Technology & Marketing Law Blog

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did.

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Cases Update

BYU Copyright Blog

Additionally, Springdale denied allegations of intentionally providing unauthorized public access to Marenems works or diminishing their market value. They also claimed not being aware of revised versions of Marenems stories and denied reproducing or distributing physical copies or graphic posters of Marenems book, Secret Stories.

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2021 Emoji Law Year-in-Review

Technology & Marketing Law Blog

When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. Dear [smiley]” formed a settlement agreement.

Law 139