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

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act. Petrella v.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

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! Some limits on the Polaroid spectrum!

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. What about fragmented literal similarity based on use of clips from the 2001 Documentary (no clips from the 2003 Documentary were allegedly used)?

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

SEPTEMBER 29, 2022

In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 3137680), the lightsaber sound from Star Wars (as Reg. 3618321), and “[t]he NBC chimes sequence [, which] actually became the first ‘purely audible’ service mark to register with the USPTO in 1950.”

Trademark 52

Trademark Registration Music Intellectual Property 52

Patently-O

DECEMBER 12, 2021

Missouri’s predominant purpose test, which inquires into whether the predominant purpose of using the famous person’s name or identity is to exploit its commercial value; or whether “the predominant purpose of the product is to make an expressive comment on or about a celebrity.” [15] 26] Which one? Grimaldi , 875 F.2d Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69