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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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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. Trademark infringement, however, isn’t like copyright.

Trademark 242
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New Tools, Old Rules: Is The Music Industry Ready To Take On AI?

Copyright Lately

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 87
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A DAVID AND GOLIATH STYLE UGG BOOT DISPUTE

LexBlog IP

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S.,

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2021 IP Year in Review

IPilogue

Case law has often overlapped overbreadth with other grounds of invalidity such as obviousness, anticipation, and inutility. . of the Patent Act on June 24, 2016. Trademark Law. Parody in Trademarks is No Joke. Currently, under Quebec’s French-language laws, both registered and unregistered (i.e.,

IP 106
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Connect 4: Trade Dress Infringement and Secondary Meaning

The IP Law Blog

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. The Ninth Circuit first recognized that “proof of copying strongly supports an inference of secondary meaning.”

Copying 98
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Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

43(B)log

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film.