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Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement 

LexBlog IP

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces. Trade dress is not intrinsically protectable. Trendily appealed.

Copying 52
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5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Anyway, Bell goes around suing unauthorized users of the passage, mostly public schools or nonprofits that publish the passage on social media. NXIVM Corp.

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Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Weis Markets. eBay (2d Cir.).

Editing 145
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Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

Nevertheless, almost immediately after the sketch aired on the East Coast, a number of Muppets fans began to weigh in on social media, wondering if they had just seen an authorized (albeit unconventional) appearance by Kermit and Co. Kermit the Frog and Robert De Niro on SNL (2004). Jason Segel and the Muppets on SNL (2011).

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Covid-19 Act gives government more options in proceeding against supplement seller

43(B)log

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” Since 2004, she worked as a high school teacher at a homeschool co-op in Michigan.

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

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SpicyIP Weekly Review (February 05- February 11)

SpicyIP

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Case Summaries Gujarat Cooperative Milk Marketing v. Would you mix up these two labels: Officers Choice and Peace Maker? Well, it appears the courts think most consumers would.

Trademark 103