Remove 2016 Remove Copying Remove Designs Remove Social Media
article thumbnail

Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement 

LexBlog IP

The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, particularly because of Trendily’s copying, and possessed protectable trade dress. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia.

Copying 52
article thumbnail

Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

TorrentFreak

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Subscriber Agreements.

Copying 115
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

If copyright law won’t protect small fashion brands against copying, social media will – just ask influencer Danielle Bernstein

JIPEL Copyright Blog

How does an influencer and fashion designer become so despised? However, an equally long list of controversies accompanies this list of accomplishments, the majority of which involve alleged copying. Nordstrom removed the pieces at issue, and everything seemed to be fine on the copying front—until 2020 hit.

article thumbnail

Precedential No. 1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use

The TTABlog

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. 92064830 (September 6, 2022) [re-designated as precedential, January 4, 2024] (Opinion by Judge Frances S. He sold copies of comic books featuring the character and displayed the comic books at a comic convention. Andrusiek v.

article thumbnail

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

article thumbnail

Press publishers’ right: social media enter the stage

Kluwer Copyright Blog

Social media (aka Facebook) were not a part of the conversation. This raises the question: does the press publishers’ right apply to social media? While social media were not explicitly singled out, they seem to comfortably fall within the ISSP definition. Do social media make content available?

article thumbnail

Despite Strength of Kate Spade Marks, TTAB Dismisses Opposition to "WOLV & Spade Logo" for Watches

The TTABlog

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims.

Designs 68