Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

Fair Use 105

Fair Use Copyright Law Copyright Law 105

The Illusion of More

JULY 5, 2022

A couple of weeks ago, in my post about ghost guns and trademark infringement, I argued that the EFF is wrong to defend the anonymity of the parties who flaunted their alleged infringements on Twitter. The post A Sound First Amendment Decision with an Odd Fair Use Kicker appeared first on The Illusion of More.

Fair Use 106

Fair Use Trademark Law Copyright 106

43(B)log

APRIL 28, 2021

I've recently seen two examples of the following phenomenon: off of Amazon, an advertiser uses images of its product with another well-known product, and they do go together, but on Amazon, the advertising is different. Anyone know if there's an Amazon policy driving this?

Fair Use 91

Fair Use Advertising Advertising Trademark 91

JD Supra Law

MARCH 28, 2024

The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use because it was used descriptively and in good faith. Solid 21, Inc. Breitling U.S.A.,

Fair Use 104

Fair Use Trademark 104

JD Supra Law

APRIL 21, 2022

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse Nike, Inc.

Non-Fungible Tokens 98

Non-Fungible Tokens Fair Use Intellectual Property Trademark 98

Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

Fair Use 246

Fair Use Plagiarism Editing Copyright Infringement 246

Plagiarism Today

AUGUST 16, 2022

Piaggio has long claimed that Kumpan’s electric scooter is both a copyright and a trademark infringement of their design. The estate, however, has argued that Warhol’s creations were a fair use. However, Goldsmith is seeking a more “holistic” analysis, including all the fair use factors.

Fair Use 246

Fair Use Copyright Infringement Intellectual Property Reporting 246

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. Under these agreements, PTRA is the exclusive owner of the Rose Bowl Game trademark and owns the mark for use in connection with the annual game.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. THE DOCTRINE OF FAIR USE. the effect of the use on the copyrighted work’s potential market for or value. Koons , 817 F.

Fair Use 94

Fair Use Copyright Television Copying 94

Copyright Lately

OCTOBER 20, 2024

Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. But that was a sideshow to the airline’s more substantial trademark claims and allegations of consumer confusion. Skiplagged’s disclosures about “hidden city” ticketing.

Copyright 91

Copyright Fair Use Social Media Business 91

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. The trademark registrations discourage that outcome. ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints).

Trademark 124

Trademark Fair Use Registration Licensing 124

Technology & Marketing Law Blog

SEPTEMBER 20, 2021

. ” Last month, in one of them, I filed a declaration stating that “Emojico appears to be running a trademark trolling operation.” has trademark registrations in a popular dictionary word, “Emoji.” GmbH as a Possible Trademark Troll appeared first on Technology & Marketing Law Blog.

Trademark 145

Trademark Fair Use Settlement Blogging 145

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

Trademark 133

Trademark Fair Use Trademark Law Branding 133

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

JD Supra Law

OCTOBER 3, 2024

Affirming the application of the fair use defense to copyright infringement, the US Court of Appeals for the Fifth Circuit determined that a district court’s sua sponte invocation of a fair use defense to parallel trademark claims was harmless error.

Fair Use 61

Fair Use Licensing Copyright Infringement Copyright 61

43(B)log

JUNE 19, 2023

14, 2023) I’ve been thinking a lot after Jack Daniel’s about the role of common sense in trademark. Judge Leval in scholarship, Trademark: Champion of Free Speech , 27 Colum. & Arts 187 (2004), and the Seventh Circuit in practice, are all about using common sense rather than doctrine to limit the scope of trademark rights.

Fair Use 81

Fair Use Trademark Advertising Advertising 81

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Technology & Marketing Law Blog

APRIL 3, 2023

She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. VIP Products says its dog toy parody is expression protected by the First Amendment.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

43(B)log

APRIL 10, 2023

Join Professor Rebecca Tushnet and Professor Alexandra J. Roberts for a conversation about Jack Daniels v. VIP Products. Register here. Date and time Thursday, April 13 · 4 - 5:30pm EDT Location Northeastern University School of Law 416 Huntington Avenue Boston, MA 02115 [link]

Fair Use 93

Fair Use Trademark Law 93

LexBlog IP

NOVEMBER 19, 2022

This issue looks at emerging Copyright & Fair Use issues, tools for protecting Trademarks and cybersecurity best practices. November 2022. Check out the November 2022 issue of Ping® by AdlerLaw. Read More Here Read more here: [link].

Fair Use 52

Fair Use Trademark Copyright Intellectual Property 52

IP and Legal Filings

JUNE 26, 2023

Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities. However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. vs. Sach Industries [iii].

Trademark 96

Trademark Fair Use Registration Branding 96

IPilogue

SEPTEMBER 9, 2022

According to The Wrap , AMC Networks and Sony Pictures, the production companies behind Better Call Saul , are being sued for trademark and trade dress infringement by Liberty Tax. The entertainment industry is no stranger to trademark infringement issues. Photo retrieved from Tubefilter.

Trademark 105

Trademark Public Domain Television Fair Use 105

SpicyIP

OCTOBER 14, 2024

Discussing the US decision in Hachette Book Group v. Internet Archive, Tanishka Goswami explains the implication of the decision on fair use and access to information. The plaintiff claimed to have used the trademark “POLO” since 1967. The Plaintiff claimed prior use of the mark since 2018.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. The case will determine the proper balance between trademark rights and free speech.

Copyright 97

Copyright Trademark Fair Use Contracts 97

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

43(B)log

NOVEMBER 15, 2023

It may well be true that nominative fair use often entails just using a word, not a logo, but courts occasionally recognize that there are situations where the logo/trade dress is actually an important means of communicating and should still fall within nominative fair use.

Fair Use 59

Fair Use Social Media Trademark 59

JD Supra Law

FEBRUARY 27, 2024

While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely on real life artists’ and authors’ underlying work and claim it as your own? By: Cozen O'Connor

Fair Use 66

Fair Use Trademark Copyright 66

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

Trademark 115

Trademark Contracts Blogging Fair Use 115

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

Trademark 98

Trademark Social Media Advertising Advertising 98

SpicyIP

FEBRUARY 3, 2025

Is training of GenAI models fair use? SpicyIP Tidbit: The Evergreen Conundrum: DHC Grants Interim Injunction to Evergreen Sweet House in a Trademark Dispute In a recent trademark dispute between Evergreen Sweet House v. Will Section 52(1)((iii) come in for OpenAI’s rescue? Kirloskar Brothers Ltd.

Copyright 95

Copyright Trademark Litigation Copyright Infringement 95

The IPKat

MARCH 4, 2025

Trade Marks Marcel Pemsel discussed the importance of considering potential red flags and red lines when choosing a trademark, highlighting often overlooked factors. St Atilla discussed the EUIPO's decision to uphold the trademark protection for "KIM KARDASHIAN," highlighting the importance of reputation in trademark law.

Design 63

Design Designs Patent Drafting Fair Use 63

IP Law 360

MARCH 14, 2024

fairly used the phrase "red gold" to describe the color of its products after a California jeweler with a 2003 trademark registration battled the Swiss watchmaker over its use of the phrase. A split Second Circuit panel on Thursday affirmed a Connecticut federal judge's decision that Breitling USA Inc.

Fair Use 52

Fair Use Registration Trademark 52

Plagiarism Today

SEPTEMBER 2, 2022

When you factor in that the damages are capped at $30,000 and there are issues involved in this case that the CCB can’t even hear, in particular potential questions of trademark, the decision to file with the CCB is an interesting one. They do so semi-regularly. To make matters worse for Paramount, the CCB is almost completely untested.

Copyright 279

Copyright Cease and Desist Copyright Infringement Fair Use 279

Technology & Marketing Law Blog

NOVEMBER 22, 2022

Number of claims[FN] containing the word: “Trademark” = 6. They write: Nearly half of the respondents (43.1%) were unwilling to take on any financial risk, even in a hypothetical scenario contingent on a confident fair use while most of the rest (43.8%) were only comfortable with a risk level below $10,000.

Copyright 145

Copyright Fair Use Settlement Blogging 145

Trademark and Copyright Law Blog

JULY 9, 2020

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. Yes, Booking.com can now obtain a federal trademark registration and can use the ® symbol with its mark.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

SpicyIP

SEPTEMBER 28, 2023

DRS , explaining the Court’s approach towards determining whether the use of a mark as a keyword will amount to trademark infringement or not. Therefore, such prima facie use of a trademark as keyword, absent blurring, tarnishment or anything more, will not constitute infringement.

Advertising 110

Advertising Advertising Trademark Marketing 110