Erik K Pelton

AUGUST 30, 2021

The following is a transcript of my video Influencers Need Trademark Protection Too. On social media these days, much of the content and the news that I see relates to influencers. Influencers come up quite frequently in these worlds. Many are not talking steps to register their trademarks.

Social Media 182

Social Media Trademark Branding Brands 182

IP and Legal Filings

MAY 13, 2023

Despite the Supreme Court emphasizing the importance of providing reasons for the judgment, courts often fail to fulfill this requirement. As a result, interim orders in trademark infringement cases have become somewhat standardized. At the first hearing, the defendants were restrained by an ex parte ad interim injunction.

Personality Rights 86

Personality Rights Privacy Trademark Law False Advertising 86

azrights

MAY 10, 2022

Trademark disputes often arise for those who are unaware of IP, with a consequent need to rebrand. Once you have done the necessary preliminary work, have a marketing plan and execute your campaigns well because lack of sufficient marketing and publicity could lead to business failure. No commitment to learning.

Business 98

Business Branding Brands Branding 98

43(B)log

FEBRUARY 24, 2024

When things are happening en masse at a business, just as in the TM system, w/o individualized attention and with a different agenda than the law’s, you can see the law’s protective features be minimized. Main players have dubious rights—emojis, smileys—already at the border of what TM should protect. Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 17, 2022

But the FDA doesn’t regulate me, so I am free to tell you that the scientific evidence is growing that NR supplements replenish cellular NAD, which can protect against MANY ailments, including [broad list of serious conditions] and in my own experience, Restless Legs Syndrome (RLS). In re: Elysium Health-ChromaDex Litigation, No.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

AUGUST 3, 2023

Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. But is generative AI really the same?

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 3, 2023

Norms of distributive justice: Political equality: all else equal, all human beings have an equal claim/obligation to benefits and burdens of social life. Background: Erie marks transition from era of legal formalism to realism; one of the reasons we have the Lanham Act, since Erie invalidated the federal common law of trademarks.

False Advertising 45

False Advertising Trademark Advertising Advertising 45