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Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Portkey sued for unfair competition/reverse passing off, falseadvertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Venkateswaran, 2024 WL 3487735, No.
which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Queen of Christmas.
Still, there should be many circumstances where descriptive fairuse permits the defendant to use the term “Texas tamale” in the ad copy. Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet
3: What Now for FairUse After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fairuse under copyright law. As we look back, we want to share The Briefing’s most popular episodes in 2023. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.
She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. Big Ligas sued for tortious interference and for falseadvertising and trademark infringement under the Lanham Act. Falseadvertising: “That Ms.
May 19, 2023) Whereas the timeshare falseadvertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.
Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademarklaw saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v. d) Other IP Developments 1. Acko General Insurance.
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 trademarkuse is the central concern of trademarklaw. None of those were branding uses. Tam and Brunetti, striking down various bars on registration.
VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fairuse” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.
However, it provides both good challenges and opportunities under trademarklaw. 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.
For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about falseadvertising. It then sued the City for this Instagram post, alleging that it would cause confusion about affiliation or sponsorship.
Changes in TrademarkLaw and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Instead of surveys, can we look at things like Google results or large text databases reflective of use in a particular community?
I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.
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