SpicyIP

DECEMBER 20, 2023

In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights. Around a decade ago, Google was caught in some similar controversy over its Google Books Library Project where its use was held permissible under fair use.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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

LexBlog IP

SEPTEMBER 29, 2022

(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 ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

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. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. The court, in a careful opinion, rejected all the claims.

Fair Use 52

Fair Use Trademark Copyright Editing 52

The IPKat

OCTOBER 12, 2022

A major contribution of economics to our understanding of trademarks is "search costs", generally here. This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product each time he wishes to make a purchase.

Law 126

Law Trademark Public Domain Licensing 126

LexBlog IP

JANUARY 5, 2022

34,] 51-61[(2014) ]. ” [T]he [Patent and Trademark Office] has ‘the authority to reexamine—and perhaps cancel—a patent claim’ in an inter partes review” and that “franchises can be qualified in this manner.” .”); see also Ruckelshaus, 467 U.S. at 1011, 104 S.Ct. ” Andrus v.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

43(B)log

JULY 21, 2023

On websites, emails, and mailers, LHB uses Axon’s Taser character, stylized word, and design marks, often in proximity to its own marks. On several of its websites, LHB also makes representations that it is an “Authorized TASER® Distributor” and that “TASER® is a Trademark of the Mister Stungun.” But is it a nominative fair use?

False Advertising 52

False Advertising Advertising Advertising Social Media 52

LexBlog IP

AUGUST 31, 2022

Sullivan: No Joking Matter-50 Years Of Protecting Humor, Satire And Jokers ,” 12 First Amendment Law Review 497 (2014) (quoting Gerald C. VIP Products LLC on the trademark side (on which the plaintiff is now seeking certiorari from the Supreme Court), and Sketchworks Industrial Strength Comedy, Inc., Falwell did years ago.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

SpicyIP

JANUARY 27, 2024

In 2014, India signed and ratified the treaty. In 2014, the NPPA capped the prices of drugs, causing a stir in the pharmaceutical industry. E.g. check Namratha’s post on CovEducatio and Fair Use and Divij’s take on the Legality of Digital Libraries in a Lockdown. See also Swaraj’s post on this. See also here ).

IP 64

IP Licensing Copyright Blogging 64

Copyright Lately

MARCH 6, 2023

The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense. Along with the idea/expression dichotomy (copyright only protects creative expression, not underlying facts), the fair use doctrine provides what Justice Ginsburg once called a “built-in free speech accommodation.”

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. Is the PTO capable of applying First Amendment balancing tests such as transformative use or fair use in routine registration decisions?; 26] Which one?

Registration 69

Registration Government Advertising Advertising 69

Technology & Marketing Law Blog

JANUARY 24, 2023

A bill that sought to accelerate the demise of online marketplaces by creating a new and unmanageable species of contributory trademark liability. Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. SHOP SAFE. CA AB 2408.

Law 113

Law Social Media Government Privacy 113