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

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? Could we do something similar in ornamentality?

Trademark Law 75

Trademark Law Law Trademark Registration 75

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.

Trademark 98

Trademark Social Media Advertising Advertising 98

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. The freedom of authors to use trademarks in their works could be stifled by the threat of litigation.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Trademark and Copyright Law Blog

JULY 9, 2020

While a competitor might wish to use the mark to engage in nominative fair use and comparative advertising, these are, of course, permitted despite a trademark owner’s rights.). The post Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But Does It Really Matter?

Trademark 93

Trademark Registration Trademark Law Fair Use 93

Technology & Marketing Law Blog

JUNE 8, 2024

However, this injunction must navigate the obvious problems with the trademark. Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. in the Adler v. McNeil case.

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Trademark Advertising Advertising False Advertising 129

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours. Figure 1: Get your paws on this new book y'all!

Trademark 59

Trademark Public Domain Copyright Cease and Desist 59

SpicyIP

MARCH 10, 2023

ChatGPT’s Terms of Use & other policies The ToU state that “[a]s between the parties and to the extent permitted by applicable law , you own all Input, and subject to your compliance with these Terms, OpenAI hereby assigns to you all its right, title and interest in and to Output.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

43(B)log

SEPTEMBER 7, 2021

Yu rejoined that she was, in fact, Londra’s counsel, and using his name was “classical fair use” (that is, descriptive fair use) because “she is not using the name Paulo Londra in the trademark sense, but only to identify her client and describe his relationship to her.”

False Advertising 45

False Advertising Fair Use Advertising Advertising 45

LexBlog IP

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Next, we have Abitron Austria GmbH v.

Copyright 52

Copyright Trademark Fair Use Contracts 52

IP Tech Blog

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. AJ Press also developed a logo to use in connection with its name.

Branding 57

Branding Brands Branding Fair Use 57

LexBlog IP

JUNE 15, 2023

In a significant departure from Ninth Circuit precedent, the Supreme Court held that Rogers is not applicable when the mark both acts as a source identifier and has other expression — what the Supreme Court referred to as conveying some message on top of source. This is because trademarks are often expressive.

Trademark 52

Trademark Fair Use Designs Design 52

IP Intelligence

JUNE 15, 2023

In a significant departure from Ninth Circuit precedent, the Supreme Court held that Rogers is not applicable when the mark both acts as a source identifier and has other expression — what the Supreme Court referred to as conveying some message on top of source. This is because trademarks are often expressive.

Trademark 52

Trademark Fair Use Designs Design 52

LexBlog IP

JUNE 9, 2023

For example, “Jack Daniels” is replaced with “Bad Spaniels”, and references to Old No. ” The Court noted that applying Rogers to all matters where there is an expressive element would impermissibly extend Rogers to nearly all facets of life and potentially supplant the purpose of trademark law.

Trademark 52

Trademark Cease and Desist Fair Use Branding 52

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 and Legal Filings

OCTOBER 31, 2023

In the United States as well, trademark laws prohibit the trademarking of generic terms because it would give someone a monopoly on a product. Image Sources: Shutterstock] Brief background Booking.com is a website for booking travel and lodging services that has been using the domain name “Booking.com” since 2006.Company

Trademark 59

Trademark Trademark Law Registration Fair Use 59

Copyright Lately

MAY 1, 2023

The new DIY tools aren’t particularly difficult to use, but even technically-challenged wannabe producers can use off-the-shelf apps like Musicfy and Uberduck to perform voice-to-voice and text-to-voice conversions using models trained on the voices of popular artists.

Music 93

Music Copyright Copying Copyright Law 93

SpicyIP

SEPTEMBER 28, 2023

DRS Logistics (“DRS Case”) which seems to have settled the debated issue of Google’s liability in the ‘use’ of trademarks as keywords in their Adword Programme, its ratio saw quick applicability in the recent judgment of Policybazaar Insurance Vs Coverfox Insurance Broking (“Policybazaar Case”).

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Advertising Advertising Trademark Marketing 110

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. 289 (“colorable imitation”).

Design Patent 72

Design Patent Patent Infringement Designs Design 72

LexBlog IP

JUNE 16, 2023

Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. With regard to dilution, the Ninth Circuit held that VIP was protected by the fair use exception for noncommercial uses.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. With regard to dilution, the Ninth Circuit held that VIP was protected by the fair use exception for noncommercial uses.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

IIPRD

JUNE 9, 2024

Basics of IP in Metaverse In simple words, Intellectual Property Rights refer to legal rights that protect the intangible property of a person that arises from a person’s intellect. References The Metaverse and Intellectual Property, The Metaverse and Intellectual Property (WIPO.int) Brij B.

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Intellectual Property Non-Fungible Tokens Trademark Designs 59

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. “The logo depicts an overturned U.S.

Branding 52

Branding Brands Branding Fair Use 52

IP Intelligence

JUNE 14, 2023

In a significant departure from Ninth Circuit precedent, the Supreme Court held that Rogers is not applicable when the mark both acts as a source identifier and has other expression — what the Supreme Court referred to as conveying some message on top of source. This is because trademarks are often expressive.

Trademark 40

Trademark Fair Use Designs Design 40

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. It can also refer to advertising without even implying that the commodities exist. The Metal Godds Mfg. Co Pvt Ltd.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

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. What about fragmented literal similarity based on use of clips from the 2001 Documentary (no clips from the 2003 Documentary were allegedly used)?

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

DECEMBER 30, 2023

The Division Bench judgement was passed on October 13, in response to the reference made by a Single Judge Bench where the Court disagreed with the finding of the coordinate bench in Boehringer Ingelheim v. The judgement was passed by a Single Judge Bench of Justice Manish Pitale. Indian Performing Right Society Ltd. Bolt Technology v.

IP 124

IP Copyright Trademark Intellectual Property 124

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

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. I’ve left out the parts specific to registered trademarks and the reference to treaties.

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 ). VIP Products LLC, is so important ?

Trademark 52

Trademark Intellectual Property Branding Branding 52

43(B)log

AUGUST 8, 2024

Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. Congress endorsed an incompletely theorized agreement w/o contents of fair use being defined.

Fair Use 45

Fair Use IP Art Registration 45

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

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.

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Social Media Trademark Branding Brands 102

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.

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

Biswajit Sarkar Copyright Blog

FEBRUARY 10, 2025

follows statutory trademark protection under the Lanham Act, courts recognize the common law tort of unfair competition, which closely aligns with passing off. This defense applies when the mark is used to describe a product or service accurately or to reference the trade mark owners goods or services without implying endorsement.

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Trademark Branding Branding Brands 52