43(B)log

JULY 25, 2024

“Venkateswaran publicly lists his former work at Portkey—including use of the TWOBADOUR alias and involvement with METAPURSE—on his ‘bios’ on Twitter and LinkedIn and has allegedly continued to associate himself with those projects in his public and private statements.”

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

Technology & Marketing Law Blog

OCTOBER 17, 2022

The trademark registrations discourage that outcome. Otherwise, “emoji” is at most descriptive of the goods in question, so there should be an air-tight descriptive fair use defense. The court says: Fair use, however, is an affirmative defense, and none of the defaulting Defendants have appeared to assert it.

Trademark 124

Trademark Fair Use Registration Licensing 124

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. C) Any non-commercial use of a mark.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

The IPKat

APRIL 6, 2025

Many lament the extractive nature of accessible art outputs, where AI companies train first and ask for forgiveness (fair use) later. Even with tools introduced by OpenAI to stop the generation of art in the style of living artists, user prompts are capable of circumventing this to still create a similarly styled output.

Copyright Law 69

Copyright Law Moral Rights Law Copyright 69

The IP Law Blog

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. We’ll start with Andy Warhol Foundation v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. With trademark law, the federal right has been around since 1870 and today occupies most of the space.

Privacy 98

Privacy Trademark Law Fair Use Trademark 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

Intellectual Property Law Blog

JUNE 16, 2023

2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. The District Court also held that the fair use exclusion for parodies under the Lanham Act’s dilution provision did not apply where the use at issue does not serve as “a designation of source for the [alleged diluter’s] own goods.” 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

IPilogue

DECEMBER 13, 2022

The question of whether Warhol’s Prince silkscreens may be considered fair use has now made its way up to the US Supreme Court, and on October 12th of this year, oral arguments were heard from both sides.

Art 78

Art Fair Use Intellectual Property Licensing 78

IPilogue

SEPTEMBER 9, 2022

By adopting the unique narrative structure of its books and using the specific phrase “Choose Your Own Adventure Book,” Chooseco accused Netflix of willfully infringing its trademark and ultimately tarnishing the series’ child-friendly reputation. Photo retrieved from Tubefilter.

Trademark 105

Trademark Public Domain Television Fair Use 105

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 Brands 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

Erik K Pelton

DECEMBER 20, 2022

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Allegedly, Facebook and Instagram refused the takedown demands because the trademark violations weren’t obvious. Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. This ruling highlights the legal risk.

Trademark 115

Trademark Contracts Blogging Fair Use 115

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.

Trademark 96

Trademark Fair Use Registration Brands 96

Technology & Marketing Law Blog

DECEMBER 11, 2023

Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form.

Blogging 130

Blogging Trademark Brands Branding 130

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

Music 112

Music Derivative Work Fair Use Cease and Desist 112

Patently-O

FEBRUARY 3, 2023

Taamneh (Can Twitter be held liable for providing a service that aids and abets terrorism, despite its substantial non-violative uses). Hetronic (Extraterritorial application of US Trademark Law — damages from foreign sales). March 21 – Abitron v. March 22 – Jack Daniels v.

IP 69

IP Fair Use Trademark Law Litigation 69

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

IPilogue

OCTOBER 28, 2021

District Court for the Eastern District of New York ruled that the parodical and satirical use of Fun World’s copyrighted “Ghost Face” mask was permitted under the fair use doctrine. Scary Issues with Licensing and Trademarks. More recently, on September 27, the U.S. It appears in the U.S.,

Intellectual Property 115

Intellectual Property Design Designs Copyright 115

Dear Rich IP Blog

NOVEMBER 17, 2020

Could "fair use" be applied if our fundraising teams name themselves after clearly trademarked team names like NBA teams or NCAA teams. We’d recommend against using the names of basketball teams for fundraising purposes. Why not fair use?

Fair Use 40

Fair Use Trademark Trademark Law Copyright 40

Trademark and Copyright Law Blog

JULY 9, 2020

It is difficult to imagine why any competitor would want to use “Booking.com” in other contexts, when doing so would only send consumers to Booking.com’s website and would thus thwart the competitor’s attempt to capitalize on Booking.com’s goodwill.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

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

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 59

Trademark Public Domain Copyright Cease and Desist 59

The IP Law Blog

DECEMBER 29, 2023

3: What Now for Fair Use After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use 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.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

LexBlog IP

AUGUST 1, 2023

Supreme Court in June issued a decision involving trademark law. Jack Daniel’s brought trademark infringement claims against VIP Products, a company that produces a “Bad Spaniels” line of dog toys. VIP Products just won’t be able to rely on nominative fair use to protect against those infringement claims.

Fair Use 40

Fair Use Artistic Work Trademark Trademark Law 40

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

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.

Branding 57

Branding Brands Branding Fair Use 57

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

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

Likelihood of Confusion

APRIL 17, 2022

More pain, very little gain — besides for lawyers’ college funds — in the roiling world of trademark fair use. The post Unfair use appeared first on LIKELIHOOD OF CONFUSION™. Originally posted 2012-09-10 06:00:30. Republished by Blog Post Promoter.

Fair Use 40

Fair Use Blogging Trademark Trademark Law 40

Likelihood of Confusion

SEPTEMBER 28, 2024

It raises an interesting question about Internet-related copyright and trademark law. We use a filtered Internet service […] The post Adverference? Republished by Blog Post Promoter Working from home today after a bruising few weeks at work (see yesterday’s post!), appeared first on LIKELIHOOD OF CONFUSION™.

Trademark Law 52

Trademark Law Blogging Trademark Copyright 52

SpicyIP

MARCH 10, 2023

Unlike trademark law, the concept of honest and concurrent use does not exist in copyright law, and it cannot, as no two people can come up with the same exact play or book!

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

LexBlog IP

JUNE 9, 2023

.” 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. ’ And because of this, “trademarks are often expressive, in any number of ways.”

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

LexBlog IP

JUNE 15, 2023

This is because trademarks are often expressive. The Supreme Court ultimately held that in such a situation, trademark law will generally prevail over the First Amendment when another’s trademark (or a confusingly similar mark) is used without permission for source identification.

Trademark 52

Trademark Fair Use Design Designs 52

IP Intelligence

JUNE 15, 2023

This is because trademarks are often expressive. The Supreme Court ultimately held that in such a situation, trademark law will generally prevail over the First Amendment when another’s trademark (or a confusingly similar mark) is used without permission for source identification.

Trademark 52

Trademark Fair Use Design Designs 52