LexBlog IP

APRIL 27, 2022

Inherent Distinctiveness. This is a great segue to the next topic which is injunctive relief. This is due to two factors (1) inherent distinctiveness; and (2) their previous non-existence. Inherent Distinctiveness. Table of contents. Fanciful Trademark Examples. Fanciful Trademark Benefits.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. The court rejects that argument.

Copyright 142

Copyright Social Media Fair Use Licensing 142

IIPRD

NOVEMBER 1, 2023

One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work. Having a thorough understanding of these topics is crucial for avoiding problems. The IP legislation and the function of modern art are at odds with one another.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

LexBlog IP

SEPTEMBER 29, 2022

So, there you go—Metro-Goldin-Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution. The criteria for assessing the distinctiveness of sound marks are therefore no different from those applicable to the other categories of mark.”

Trademark 52

Trademark Registration Music Intellectual Property 52

IIPRD

APRIL 3, 2024

At the outset is it important to note that interpreting these legislations gives rise to uncertainty, one which forms the topic of discussion in the next section. It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant.

Artistic Work 45

Artistic Work Designs Design Copyright 45

The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. This Kat’s notes on the Judgment has two parts: the second part will concern the FRAND Question and this first part contains everything else. Apple insisted on a lump sum payment.

Patent 78

Patent Litigation Marketing Marketing 78

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Thus, collapsing the trademark/publicity rights distinction is not an intellectually defensible position. I’m dreading when any Section 230 case goes to the Supreme Court because Justice Thomas will feel free to mess up Section 230 jurisprudence, even on topics not properly before the court.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

43(B)log

FEBRUARY 16, 2024

As Mark McKenna has elaborated, there’s a distinct class of acts that constitute unfair competition that we could easily read as part of 43(a). What Kagan is trying to do is possible, but TM use is not a very effective boundary-setting doctrine, b/c it’s inherently circular—inevitably brings in questions of confusion.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

FEBRUARY 12, 2023

It is a longstanding topic of debate in economic and legal circles: Hot to marry the innovative bride and the competition groom?” [i] The origin of this evident inherent problem [iv] is due to the allocation of statutory rights to IPR holders to primarily control access to the IP and to alter monopoly rents for the exclusive use of IPRs.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

Technology & Marketing Law Blog

DECEMBER 30, 2021

The reality is that online service providers engage in the inherently expressive editorial function, which is the very antithesis of being a mere common carrier and is a form of speech protected by the First Amendment. The Knight First Amendment Institute knows this distinction very well. ” Only the government does.

Social Media 111

Social Media Law Privacy Blogging 111

LexBlog IP

JULY 21, 2021

As one commentator has noted, in the United States “[t]here is no inherent or statutory bar for a symbol that has acquired religious connotations and spiritual meaning to a group of believers to be protected as a commercial trademark, provided that certain legal conditions are met.” Jesus–hundreds. Yahweh—12.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Thus, social-media platforms engage in content moderation that is inherently expressive notwithstanding FAIR.” Some of these provisions may not survive on remand, however.

Social Media 97

Social Media Law Blogging Publishing 97

IPilogue

JANUARY 14, 2022

Although the Federal Court agreed that Hidden Bench met the threshold for a valid common law trademark over “Locust Lane”, they ultimately held that the mark, as clearly describing the goods and services’ place of origin, lacked both inherent and acquired distinctiveness.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. In a broad sense, a use that has a distinct purpose is justified because it furthers the goal of copyright, namely, to promote the progress of science and the arts, without diminishing the incentive to create.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

LexBlog IP

APRIL 15, 2022

The standard for art auctions, for example, covers a wide range of topics, ranging from lots collection to catalogue compilation, from industry terminology to best practices for auctioneers. In Western countries, the primary market (mainly consisting of galleries) and the secondary market (mostly auction houses) each play a distinctive role.

Art 52

Art Marketing Marketing Artwork 52

IP Whiteboard

APRIL 15, 2021

Since that time, Meghan and Harry have been very open about their frustration with the British media’s negative coverage of Meghan, which The Duke and Duchess of Sussex consider to be laced with racially-charged undertones (while we’re on the topic, some unsolicited advice for readers: the Oprah interview is must-see viewing). 1] [link]. [2]

Privacy 40

Privacy Copyright Publishing Law 40

Copyright Lately

APRIL 19, 2022

My point is not to suggest that any particular factor is inherently “better” or “worse” when analyzing fair use, or to suggest that any particular outcome should be favored. Oracle ), largely functional software. I simply note that the standard is supposed to be flexible.

Fair Use 79

Fair Use Art Copyright Social Media 79

Patently-O

JANUARY 21, 2023

link] Topics : The USPTO invites written responses to the following questions and requests. allow for the examination of two or more distinct inventions in the same proceeding in a manner similar to the practice authorized by 37 CFR 1.129(b) , and, if so, consider an offset to patent term adjustment in such cases?

Patent 93

Patent Invention Patent Prosecution Art 93

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. The Federal Circuit held that this deprived the patentee of due process, in part because anticipation was not inherent in the petition’s obviousness arguments. Institution Reviewability. In Adidas AG v.

Reporting 52

Reporting Art Invention Patent 52