43(B)log

FEBRUARY 3, 2024

IP rights are contingent and state dependent in ways that have nothing to do with the merits of expression or invention. Spectrum: diffused, when multiple communities claim a symbol; targeted, when there’s only one. Also a spectrum from noncommercial to commercial—a tattoo on one’s body versus commercial use. Turban = diffused.

Branding 59

Branding Brands Branding Art 59

IIPRD

JULY 4, 2021

Now, we may use an emoji in a casual sense and it may not look as complex it is, but the truth is, that it is capable of opening a realm of questions in terms of intellectual property. It wasn’t long till these set of symbols were adopted by the leading tech-brand Apple in its keyboard and since then, its use has been unstoppable.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

LexBlog IP

APRIL 19, 2023

All a user needs to do is record reference vocals, add musical background, and voila – it now sounds like it was written by Drake. All a user needs to do is record reference vocals, add musical background, and voila – it now sounds like it was written by Drake. Or The Weeknd. Or Kanye West. ” White v. Bliss , 229 F.

Music 52

Music Privacy Social Media Copyright 52

IIPRD

JUNE 29, 2022

Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. A 3D element, such as the shape of a shoe, or a 2D feature, such as a pattern or material print, can be used in the design.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

43(B)log

AUGUST 3, 2023

Too much to choose from; I prioritized things that were new to me. How do other areas of law treat relevance of death? Need and precedent: how is AI being used to reanimate people? One use is grieving: used to create a chatbot w/specific person corresponding to a past entity. Map onto 3 main rationales for ROP.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. types of use that might infringe? Past issues like TM use and failure to function may appear in a new light through the lens of ornamentality. Also links to abandonment: what does it take to maintain use?

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). (I

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

JULY 21, 2021

The title of this piece tracks a common “ phrase of exasperation used to emphasize a question or statement.” ” If that be the case, and I think it is, then the subtitle implies the question this piece will address. Steel” (which is actually more a Godfather reference than a God one). society at $4.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

DECEMBER 6, 2021

Whether you can file a trademark for an NFT depends on whether the NFT is part of a larger collection or series. If the collection sells specific goods and/or services, it may receive trademark protection. Can NFTs Receive Trademark/IP Protection? ” The USPTO only allows expressive works (i.e., Put differently, if J.K.

Trademark 52

Trademark Non-Fungible Tokens Registration IP 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

Registration 74

Registration Trademark Blogging Law 74

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

The TTABlog

APRIL 22, 2022

The Board ruled that the proposed mark "would be perceived by consumers as a widely used social and political message and therefore merely informational in nature, as opposed to a source indicator of Applicant's goods and services." consumers will gravitate toward the message as an informational battle cry."

Social Media 52

Social Media Trademark Service Mark Registration 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? But there is a defense for nondistinctive use. In other defences?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

LexBlog IP

APRIL 20, 2022

It’s a way to say, “I’m dusting off the winter blues and coming out of hibernation.” In the last decade, the United Kingdom has taken the tradition outdoors, with The Great British Spring Clean , which is a national campaign run by Keep Britain Tidy. Our favorite thing about spring [is] spring cleaning.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52