Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2014: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

IP and Legal Filings

FEBRUARY 9, 2022

FCA rebutted the presumption with an expert survey showing 82% of respondents believe that BLUETOOTH is a generic term rather than a brand name. Turning to FCA’s nominative and fair use defence, the court applied the New Kids on the Block test to evaluate likelihood of confusion.

Trademark 52

Trademark Licensing Registration Fair Use 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Court of Appeals for the Second Circuit rejected Jeff Koons’ fair use argument ( section 107 of the Copyright Act 1976 ) based on parody ( Rogers v. The Centre Pompidou Museum presented ‘Naked’ in 2014 in the framework of a retrospective exhibition of the work of Jeff Koons in Paris. Koons , 960 F.2d 2d 301, 2d Cir.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

43(B)log

MAY 22, 2023

From 2014-2018, the posts at issue used revealing photos of the plaintiffs against ad copy linked thematically to the visual, e.g., a picture of one plaintiff “in an apparent school uniform that included a short plaid skirt, captioned: ‘Friday Oct 17th SEXY SCHOOL GIRL PARTY!

Social Media 49

Social Media False Advertising Advertising Advertising 49

LexBlog IP

SEPTEMBER 29, 2022

In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. But, as Nick March has said , there is no turning back as “the power of sound to build emotional connections between consumers to brands has become evident. An aural identity can be used in myriad ways across TV, radio and internet media.

Trademark 52

Trademark Registration Music Intellectual Property 52