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A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR)

Patently-O

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. It is common for litigation to assert both. What do you think?

Privacy 98
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Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks

Garrigues Blog

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.

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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. That is, until photos such as this one begin to make the rounds. Bottom Line.

Trademark 242
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The Supreme Court confirms that a third party may not use the ZARA trademark.

Garrigues Blog

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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Top Trademark Trends of 2022

Erik K Pelton

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes.

Trademark 130
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“Oktoberfest”: A Missed Celebration & a Hard Term to Trademark

IPilogue

After many years and multiple attempts , the organizers of this spectacular funfair have finally trademarked the term “ Oktoberfest.”. The Uphill Battle of Trademarking the Term “Oktoberfest”. Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected.

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"ICE MONSTER" for Electronic Cigarette Liquid Not Confusable With MONSTER ENERGY, Says TTAB

The TTABlog

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law."

Designs 57