2023, Fair Use, False Advertising and Trademark

Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023

The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v.

False Advertising

False Advertising Intellectual Property Fair Use Music

"TM-compliant" ads not shown to be nominative fair use

43(B)log

MARCH 10, 2023

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc.,

Fair Use

Fair Use False Advertising Social Media Advertising

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

JUNE 8, 2024

In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006.

Trademark

Trademark Advertising Advertising False Advertising

Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023

LexBlog IP

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v.

False Advertising

False Advertising Intellectual Property Fair Use Music

Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement

43(B)log

DECEMBER 18, 2023

2023 WL 8697700, No. Structural connectors are used to join, and transfer the load between, different structural members, including vertical members like studs and posts, horizontal members like floor joists and roof trusses, and foundations. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D.

False Advertising

False Advertising Advertising Advertising Copyright

Top Trademark Trends of 2022

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark

copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Roblox Corp. 22-cv-04476-SI (N.D. This was enough survive the motion to dismiss.

Copying

Copying False Advertising Social Media Advertising

Book Review and Discount: Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development

The IPKat

MARCH 7, 2024

The chapters emerged following the Journée de Droit de la Propriété Intellectuelle , which took place at the University of Geneva in collaboration with the Swiss Federal Institute of Intellectual Property and the International Association for the Protection of Intellectual Property on February 7, 2023.

Intellectual Property

Intellectual Property False Advertising Editing Settlement

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. This can lead to trademark infringement, as it involves using another entity’s intellectual property to deceive users.

Intellectual Property

Intellectual Property False Advertising Designs Design

Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

MAY 22, 2023

2023 WL 3556053, No. May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Exotic Island Enters., 21-2149-cv, F.4th 4th - (2d Cir. 59 Murray Enters.,

Social Media

Social Media False Advertising Advertising Advertising

A Look Back at India’s Top IP Developments of 2023

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

IP

IP Copyright Trademark Intellectual Property

Former distributor's continuing use of "authorized distributor" leads to TM and false advertising claims

43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Axon Enterprise, Inc.

False Advertising

False Advertising Advertising Advertising Social Media

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A Case About Jack Daniels That Dances Around Trademark Issues And Leaves Some Things To Chew On

LexBlog IP

FEBRUARY 1, 2023

Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. They also argued that the toy could lead to confusion among consumers, as it could be mistaken for an official Jack Daniel’s product. ” Id. Jack Daniels Products , 953 F.3d

Trademark

Trademark Intellectual Property Branding Brands

Intellectual Property Pulse

Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023

"TM-compliant" ads not shown to be nominative fair use

Trending Sources

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023

Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement

Top Trademark Trends of 2022

copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

Book Review and Discount: Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

A Look Back at India’s Top IP Developments of 2023

Former distributor's continuing use of "authorized distributor" leads to TM and false advertising claims

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A Case About Jack Daniels That Dances Around Trademark Issues And Leaves Some Things To Chew On

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