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Harpic v. Domex:Product disparagement or nominative fair use?

IP and Legal Filings

Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. Following are the measures to be taken care of while taking nominative fair use as a defence – The use of the registered trade mark was bonfide. Thapliyal N.,

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Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

Fair Use 101
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Top Trademark Trends of 2022

Erik K Pelton

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130
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Trademarking Numbers: Understanding The Numeral Trend

IP and Legal Filings

Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities. However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. vs. Sach Industries [iii].

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The Interplay of Personality Rights and Freedom of Expression- the Jackie Shroff’s Case’

IP and Legal Filings

Ramkumar Jewellers , wherein it was held that an individual should be able to control the circumstances around the use of their identification. [8] This usually applies in cases of news, parody, commentary, non-commercial use etc. It usually entails review, commentary, satire, comedy, criticism over the original work.

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Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999

IP and Legal Filings

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

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Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement

43(B)log

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