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On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for falseadvertising 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].
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.
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.
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.
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?
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.
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 trademarklaw demonstrates why. Under the First Amendment, the government has no business promoting the first documentary over the second.
at 997-98, Rogers limited the application of the Lanham Act’s prohibition on falseadvertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.
.” Furthermore, in a mild surprise, the court blesses Google’s “ad” label: “the bolded “Ad” designation next to each of ALG’s advertisements sufficiently distinguishes ALG’s advertisements from the search’s organic results.” Other Sleekcraft Factors. Appellate Empiricism. LoanStreet 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. d) Other IP Developments 1.
Rierson, TrademarkLaw and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. How do they make that happen? Gender and class?
At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes. AJ Press LLC, F.Supp.3d 3d -, 2021 WL 3356848, No. 21-cv-03010-SVW-MAR (C.D.
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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