Remove False Advertising Remove Government Remove Trademark Law
article thumbnail

Top Trademark Trends of 2022

Erik K Pelton

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Unfortunately, 2022 was yet another year in which trademark scams have continued to proliferate, and new scams were uncovered that dupe trademark filers in various ways. 2020: [link].

Trademark 130
article thumbnail

Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

That’s why, for example, Section 230 preempts state criminal prosecutions (except for the recent FOSTA exception ) but preserves federal criminal prosecutions–that approach ensures that Internet services have only a single body of criminal law to worry about. See, e.g., Ripple v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

TM and takings claims against Puerto Rico fail: license plates/tags aren't use in commerce

43(B)log

They sought at least $45 million from the government of Puerto Rico for issuing a commemorative license plate for the fiftieth anniversary of Roberto Clemente’s “Hit 3000,” at $21/plate. The court doesn’t explain its reasoning but it seems to think this bolsters the conclusion that this was not a trademark use.

article thumbnail

Imputing Bad Faith in Trademark Infringement Disputes: Analysing DHC Nova v. Novya Judgement

SpicyIP

In their written statement, the Defendants claimed distinctions between the marks and denied any unlawful activities, asserting that their trademark application for ‘NOVYA’ covered a broader range of goods, and commercial activities had not yet commenced.

article thumbnail

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

Indeed, I imagine rightsowners will coordinate their NOCIs to ensure that small services clear this threshold and are obligated to comply with the law. Thus, the 10 lifetime NOCIs threshold is a ruse to mislead people that smaller services aren’t governed by the law, when of course they will be. What’s Regulated?

Trademark 144
article thumbnail

Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon

Technology & Marketing Law Blog

Amazon case is “directly on point and forecloses Plaintiff’s ability to bring this claim as a matter of law.” ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Amazon ruling. Reyes & Adler v.

Trademark 110
article thumbnail

11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Although “third parties have used Flora-Bama in the titles of third parties’ artistic works with Plaintiffs’ oral or written permission,” that doesn’t make this a title-v-title case: Basic trademark law demonstrates why. Under the First Amendment, the government has no business promoting the first documentary over the second.