Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 113

False Advertising Advertising Advertising Patent 113

Copyright Lately

OCTOBER 25, 2021

“Dawn of the Dead” (1978) “Dead Rising” (2006) Nothing to see here: just some humans battling zombies in a mall during a zombie outbreak. affirmed the district court’s grant of summary judgment for the advertisers. ” You know, typical Black Friday stuff. Halloween Mask. The Ghostly Trio.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

SpicyIP

JANUARY 2, 2022

The Court noted that redacting one’s name from a judgment acquitting them is counterproductive when there are other tarnishing publications in the public domain and that access to court judgments are integral to “open justice”, subject only to some exceptions. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity].

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

JANUARY 22, 2024

Later, in 1914, Copyright Act was amended which was highly influenced with the Copyright Act, 1911 of Britain, such as both the legislation shared resemblance in the duration of copyright protection, focused on the protection of literary works, and had similar provisions regarding the concept of public domain and exceptions.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

FEBRUARY 28, 2022

precisely replicat[ing] a copyrighted advertising logo to make a comment about consumerism’ (such as Warhol’s well-known depictions of Campbell’s soup cans), which ‘might. concurring) (“The ‘public benefits’ considered here are those associated with the only use at issue: the Foundation’s commercial licensing. Goldsmith , 11 F.4th

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Farley: INTA says its objective is to protect the public through the use of TMs/avoiding deception. Google fought for keyword advertising but couldn’t win that today. Eric Goldman: the platforms could be a countervailing force.

Trademark 45

Trademark Law Branding Brands 45