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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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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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Precedential No. 31: De Minimis Sales of Amplifiers Over Six-Year Period Leads to Cancellation of "CS" Registration for Abandonment

The TTABlog

But after 2013, when Respondent last advertised the CS amps in its domestic catalogs, domestic sales plummeted, rapidly dwindling to single digits and then zero at some points in the critical 2016-2021 time frame. Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”

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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.

Copyright 235
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Revival of the Third-party Trademark as a Keyword Dispute

SpicyIP

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal has graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. Confusion caused by Google’s keyword policy.

Trademark 137
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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.

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