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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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Trademark Genericide

Selvam & Selvam Blog

A trademark can be referred to as a recognizable sign, word or symbol that can be used to denote and distinguish a specific product or service from others. Some examples of popular trademarks that have become genericized over time are ‘Cellophane’ tape, ‘Escalator’, ‘Thermos’, and ‘Aspirin’ among so many others.

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? Tam (2017) and Iancu v. After the Supreme Court granted cert in Vidal v.

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ITC Litigation: Introduction to Trade Secret Protection at the ITC

Fish & Richardson Trademark & Copyright Thoughts

the ITC can also issue cease and desist orders to prevent further sales of the accused products. These statutory criteria also apply to investigations based on other intellectual property rights specified in the statute, including registered trademarks, copyrights, and mask works. [4] 11, 2017). [8] 1337(a)(1)(B).

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SpicyIP Weekly Review (February 6- February 12)

SpicyIP

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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