Remove Advertising Remove Copyright Remove Reference Remove Service Mark
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Advertising injury coverage may exist even when gravamen of underlying complaint is TM

43(B)log

5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy.

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TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

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Trademark: What’s In it for You?

Velocity of Content

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. Copyright Office, after what amounts to a much lighter review process. See also: RC Cola, Polar Cola, Jolt!—and

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Marketing and IPR

IP and Legal Filings

This is created through personal contact with the client in connection with the use of services or products, contact with sales or client support, or through brand communication (marketing). In this context, “brand equity” refers to the monetary value of a strong, well-recognized brand.

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TTAB Upholds Refusal of "THIS IS FOR MY GIRLS" for Musical Services Because It Appears Only as a Song Title on Applicant's Specimens of Use

The TTABlog

the specimen must contain a reference to the services and the mark must be used on the specimen to identify the services and their source." Nothing in the specimens created a nexus with or referred to the recited services. According to Di-Namic, however, the proposed mark is "much more."

Music 52
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Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Technology & Marketing Law Blog

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung.

Artwork 97
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Navigating the Essentials of Trademark User Affidavits for Successful Registration

Intepat

.” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use. Supporting documents should be attached to substantiate these claims.