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.

Fair Use 105

Fair Use Cease and Desist Copyright Trademark 105

Likelihood of Confusion

JANUARY 4, 2024

The post Designer Skin v. The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. Here is the status per this morning’s minute entry in the court’s electronic case. S&L Vitamins trial update appeared first on LIKELIHOOD OF CONFUSION™.

Designs 52

Designs Design Copyright Infringement Copyright 52

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

Technology & Marketing Law Blog

NOVEMBER 11, 2023

I don’t understand the shirt’s message, but it clearly has a message unrelated to Car-Freshner’s trademark rights. I see potential legitimate trademark defenses for the design. Trademark Claims Car-Freshner submitted trademark takedown notices to Facebook and Instagram over four user-listed items.

Trademark 115

Trademark Contracts Blogging Fair Use 115

Likelihood of Confusion

SEPTEMBER 23, 2024

The decision is here; the minute entry on the electronic docket reads as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW – that S & L Vitamins has […] The post Fat lady sings: Findings of Facts and Conclusions of Law in Designer Skin v S & L Vitamins appeared first on LIKELIHOOD OF CONFUSION™.

Designs 52

Designs Design Law Blogging 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question.

Blogging 130

Blogging Trademark Branding Brands 130

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). These defensive trademark doctrines, however, are narrow and often vary by jurisdiction.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

Likelihood of Confusion

APRIL 5, 2023

Thus, it does not have the requisite degree of distinctiveness to support a finding of dilution, at least vis-à -vis respondent’s use of the term as part of the mark SPAM ARREST for computer software designed to eliminate unsolicited commercial email. The post Hormel canned appeared first on LIKELIHOOD OF CONFUSION™.

Designs 94

Designs Design Trademark Fair Use 94

LexBlog IP

JUNE 9, 2023

The case arose from Jack Daniel’s complaint about VIP’s sale of a dog toy designed to resemble a bottle of Jack Daniel’s whiskey. As shown below, there is no question that the VIP bottle is designed to resemble the Jack Daniels bottle, although several of the notable components are modified for comedic purposes.

Trademark 52

Trademark Cease and Desist Fair Use Branding 52

LexBlog IP

JUNE 15, 2023

In fact, the Supreme Court stressed the significance of source identification in the opinion, explaining, “[W]e hold that [ Rogers ] does not [have merit] when an alleged infringer uses a trademark the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.”

Trademark 52

Trademark Fair Use Designs Design 52

IP Intelligence

JUNE 15, 2023

In fact, the Supreme Court stressed the significance of source identification in the opinion, explaining, “[W]e hold that [ Rogers ] does not [have merit] when an alleged infringer uses a trademark the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.”

Trademark 52

Trademark Fair Use Designs Design 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

IIPRD

JUNE 9, 2024

The metaverse acted as a virtual boundary in this design for the future. Any literary work, text, music, videos, 3D paintings, images, software programs, avatar designs, art, or literature will get protection under copyright in the metaverse. that identifies a product or a service that is distinguishable by a common man.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

SpicyIP

NOVEMBER 17, 2023

Neglect of IPR law can lead to unintentional infringement, resulting in costly legal disputes. Nevertheless, awareness about dispute settlement strategies can minimise the economic and legal costs of ignoring IPR law.

Intellectual Property 105

Intellectual Property Technology IP Law 105

LexBlog IP

MARCH 3, 2023

A trademark can be attacked in a variety of ways, most frequently through arguments that the mark is: Generic, Abandoned for non-use, Misrepresentation to the Trademark Office, and Fair use. 80 (1950) trademark rights were lost because the mark ESCALATOR had become generic and therefore lost its trademark status.

Branding 52

Branding Brands Branding Trademark 52

IP Intelligence

JUNE 14, 2023

In fact, the Supreme Court stressed the significance of source identification in the opinion, explaining, “[W]e hold that [ Rogers ] does not [have merit] when an alleged infringer uses a trademark the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.”

Trademark 40

Trademark Fair Use Designs Design 40

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices.

Music 90

Music Copyright Copying Copyright Law 90

LexBlog IP

JUNE 20, 2023

Respondent VIP Products makes a squeaky, chewable dog toy designed to look like a bottle of Jack Daniel’s whiskey. The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. Though not entirely. ” And the descriptive phrase “Old No. 2 On Your Tennessee Carpet.”

Trademark 40

Trademark Designs Design Fair Use 40

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

I’m not sure what law prevents Google from placing ads over marketing brochures or print ads OTHER THAN COPYRIGHT LAW (or possibly trademark law–but at this point, what does any of this have to do with IMPLIED-IN-LAW CONTRACTS?). That can’t possibly be right. Implications.

Licensing 105

Licensing Copyright Contracts Advertising 105

IP and Legal Filings

MARCH 5, 2024

Cybersquatting is another type of trademark infringement. Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others.

Trademark 98

Trademark Social Media Advertising Advertising 98

IPilogue

MARCH 2, 2022

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Is this Fair Use? Hermès’ Action.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

SpicyIP

MAY 18, 2022

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. There are notable exceptions.

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Ilanah Simon: In Europe, you can’t use overlap to police boundaries.

Trademark Law 75

Trademark Law Law Trademark Registration 75

The IPKat

JULY 22, 2021

The ability to protect cultural works as trademarks disrupts these goals, by affording trademark owners more communication power than other speakers and preventing works from ever entering the public domain. At this stage, the picture for cultural follow-on innovation appears bleak. However, all this is just nit-picking.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. But what is TM use? Kagan describes it as “designation of source.” How would you design it?

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. ” ( at 36 ). .” That remains in the realm of the art critic.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Intepat

OCTOBER 28, 2024

IPR and Political Party Symbols: A Delicate Balance Intellectual Property law aims to foster creativity and innovation but also imposes specific limitations, especially relevant in the context of political symbols. In this way, protecting political symbols under trademark law could undermine the core values of democracy and public service.

Intellectual Property 52

Intellectual Property Intellectual Property Law Trademark Registration 52

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited).

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

DECEMBER 20, 2024

However, it provides both good challenges and opportunities under trademark law. The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. Therefore, a brand can be registered in the U.S.

Social Media 102

Social Media Trademark Branding Brands 102

43(B)log

OCTOBER 4, 2021

But even if the n-word isn’t unregistrable because it’s scandalous or disparaging, it may still be unregistrable because it already has so much expressive meaning that it’s simply incapable of adding a trademark function. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94

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.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

Patently-O

JUNE 8, 2023

The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” ” Rather in this use-as-a-mark situation, standard principles of trademark law apply. 1125(c)(3)(A).

Trademark Law 69

Trademark Law Trademark Law Fair Use 69