LexBlog IP

AUGUST 31, 2022

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., Humor is also central to trademark infringement claims through notions of parody, and as part of copyright claims through satire. Falwell did years ago.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

IP Whiteboard

JULY 8, 2020

On 30 June 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in United States Patent And Trademark Office, Et. as the classic fair use doctrine which protects anyone who uses a descriptive term “fairly and in good faith” to describe their own goods). trademark – a new trend?

Registration 40

Registration Branding Brands Branding 40

LexBlog IP

APRIL 20, 2022

There are, in fact, thousands of US Patents dealing with “spring cleaning” equipment, but only five live US trademarks using “Spring Cleaning” as part of the registered mark. At least one, US Reg. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why. ’ Piccone v. Bartels , 785 F.3d

Copyright 52

Copyright Social Media Plagiarism 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. Since the 2015 judgment, the freedom of expression defence has been used in many copyright cases. court about 20 years ago by Art Rogers, a professional photographer.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

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 115

Law Social Media Government Privacy 115

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Put differently, is it fair for corporations to have their cake and eat it too? 8, 2015), [link]. Minc Law (Sept. 21, 2021).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

LexBlog IP

JANUARY 5, 2022

973,] 980 [(2015) ]; [Pascal] Chapdelaine, [The Property Attributes of Copyright,] 10 Buff. ” [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.”

Intellectual Property 52

Intellectual Property Government Invention Copyright 52