43(B)log

SEPTEMBER 1, 2021

If we got rid of the bizarre idea that Rogers was about artistic works and correctly labeled it as being about commercial speech, courts would do much better. It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.”

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

DECEMBER 1, 2022

MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.” Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

NOVEMBER 19, 2023

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). The Justices did not add a non-trademark use of the mark requirement to the text of 15 U.S.C.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101