LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.

Trademark 52

Trademark Marketing Marketing Contracts 52

IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. See also: Aishwarya Vatsa, Subject Matter and Pre-Requisites for Protection of non-traditional Trademark , 8 Christ U LJ 61, 65 (2019). [19] Brandon & Co.

Trademark 77

Trademark Registration Intellectual Property Intellectual Property Law 77

43(B)log

DECEMBER 1, 2022

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. New Life Art, Inc., 3d 1266 (11th Cir.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Technology & Marketing Law Blog

MARCH 10, 2022

1459 (2014); Zoe Argento, Whose Social Network Account? Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. Big Problems in California’s New Law Restricting Employers’ Access to Employees’ Online Accounts (Forbes Cross-Post). 493 (2017); Courtney J. TELECOMM. &

Social Media 79

Social Media Contracts Ownership Business 79

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Further, the court held that the defendant was using and registered the ‘ELVISLY YOURS’ mark and his goods have gained reputation in the market. On the contrary, neither the trademark of the plaintiff had acquired distinctiveness nor has its goods have garnered any secondary meaning in the market. Conclusion.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

Copyright Lately

AUGUST 2, 2022

And while it may be difficult in close cases to determine when a work of fan fiction usurps the market for the original, I’m pretty confident that performing your musical at the Kennedy Center for up to $149 a head crosses the line. Unlike trademark law, copyright is not a “use it or lose it” proposition.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

SpicyIP

OCTOBER 23, 2023

Sitting as an appellate judge, alongside another judge, Justice Bhat in the year 2014 expressly over-ruled the precedent in Times Incorporated that had granted legitimacy to the practice of granting punitive damages.

Intellectual Property 52

Intellectual Property Government Law IP 52

IP and Legal Filings

AUGUST 23, 2023

2014 (57) PTC 617 (Bom); M/S South India Beverage Limited v. General Mills Marketing Inc; Phonepe Private limited v. General Mills Marketing Inc. Dyechem Ltd vs M/S Cadbury (India) Ltd 2000(5) SCC 573; K.R. Krishna Chettiar v Shri Ambal & Co. 1970 AIR 146. Pidilite Industries Limited v. 9] Marico Limited v. 13] Seixo v.

Trademark 86

Trademark Law Marketing Marketing 86

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. But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. “[I]t

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). So, there you go—Metro-Goldin-Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution.

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 One can recognize the importance of God’s names spiritually, of course, as Dr. Tony Evans has in his 2014 book, The Power of God’s Names.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Patently-O

DECEMBER 12, 2021

Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump. Grimaldi , 875 F.2d 2d 994, 1004–05 (2d Cir. Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69