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rebinding books doesn't create derivative works but may be actionable under Lanham Act

43(B)log

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Was this literally false?

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

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Coach narrowly alleges grounds for cancellation of similar marks

43(B)log

Significantly, even intentional copying of a plaintiff’s trademark does not, standing alone, state a misrepresentation claim.” Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y.

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Federal Court of Canada Issues Default Judgment to Stop Online Infringement

LexBlog IP

Kaira has registered the AMUL trademark in Canada for use in association with milk products. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Kaira also established trademark infringement.

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Italy's #1 Brand of Pasta plausibly communicates geographic origin despite Barilla's argument it's just a TM

43(B)log

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

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Intellectual Property Rights for Social Media Influencers

IIPRD

There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. False advertising should be avoided when defaming a product. Other reasons why Intellectual Property Rights are essential for your online material.

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(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

43(B)log

Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” They also used Darger’s name, identity, and likeness to “exploit” his works and by registering the domain name “officialhenrydarger.com.”