Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Advertising best practices and what not to say. Reed , Partner, Co-Chair, Trademark, Copyright & Unfair Competition Practice.

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Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

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IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

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IP Law 360

FEBRUARY 14, 2023

Day Pitney LLP has named a partner in its Boston office as the new head of the firm's trademark, copyright and advertising practice group seven years after he first joined the firm as an associate.

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Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. The product was trademark-protected.

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Technology & Marketing Law Blog

MARCH 6, 2024

A magistrate judge recommended dismissing Tomelleri’s copyright claims. He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.” The supervising judge agrees.

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43(B)log

DECEMBER 1, 2022

28, 2022) Outlaw lost its bid for a preliminary injunction enjoining Santos, aka OSD Audio, from selling products containing user manuals that allegedly infringed Outlaw’s copyright, falsely represented OSD Audio products’ specifications, and falsely represented that OSD Audio and Outlaw’s products are similar.

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43(B)log

JUNE 26, 2023

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

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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.

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LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. For starters, Bob’s Burgers is already a trademark belonging to someone else. Can you use it in the ways you want to?

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Kluwer Copyright Blog

MAY 23, 2022

An interesting case recently decided by the Italian Supreme Court ( Corte di Cassazione ) has focused on whether the slogan “ 500% FIAT ” can be protected by copyright (decision No. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims. Richter via Pixabay.

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Intepat

MAY 29, 2024

Registering a trademark involves navigating various procedures and submitting several documents to the Trademark Registry. Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.”

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IP and Legal Filings

SEPTEMBER 20, 2023

If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws. What Is Copyright? Furthermore, protect it from any kind of misuse.

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LexBlog IP

OCTOBER 5, 2023

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

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Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Copyright © Walt Disney Animation Studios Interestingly, Mickey started as a character known as “Oswald the Lucky Rabbit”. Copyright protection is usually granted for 95 years to works published between 1923 and 1977. Steamboat Willie.

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43(B)log

JANUARY 6, 2022

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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43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms.

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Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. More Posts About Keyword Advertising. * How did that come about?

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43(B)log

AUGUST 4, 2021

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are supposed to work. Disrupted by CASE Act. TM: Mark A. Jennifer E.

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Indiana Intellectual Property Law

JULY 26, 2022

Federal Trademarks: HEAVEN’S GATE Registration No. After sending Digital Millennium Copyright Act (DMCA) takedown notices the Foundation was able to have The Works taken off the site. The Plaintiff is seeking damages for four counts of direct Copyright Infringement in violation of 17 U.S.C. §§ 106 and 501. 1125(a).

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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IP and Legal Filings

APRIL 12, 2022

District Court of the Northern District of California (“District Court”) addressed the issue of liability of an online retailer for copyright and trademark infringement done because of the user submissions, on January 28, 2021. As it turned out, only some of the claims made by the Atari Interactive, Inc. section 512(c).

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TorrentFreak

DECEMBER 3, 2023

Over the past several years, a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. Dismissal, Hacking and Arbitration Last year, U.S.

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IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself.

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IP and Legal Filings

OCTOBER 30, 2023

Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. Barbie’s unique corporate identity, which includes its name, logo, and slogan, has always been carefully protected by trademarks thanks to Mattel’s vigilance.

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Velocity of Content

JULY 26, 2022

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. But trademarks are not mentioned in that foundational document.

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43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

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IP Watchdog

MAY 20, 2022

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright (..)

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IP and Legal Filings

JUNE 12, 2023

Image Sources : Shutterstock] It is a general principle that no copyright lies in ideas, subject-matter, themes, movie plots till the expression of the same are different. If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. and will it amount to trademark infringement?

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IP Watchdog

SEPTEMBER 9, 2021

The Faegre Drinker Trademark, Copyright, Advertising and Media (T-CAM) Team is seeking an experienced trademark prosecution attorney for our thriving Intellectual Property practice. Faegre Drinker Biddle & Reath LLP is an Am Law 50 firm with offices located throughout the U.S., Europe, and China.

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LexBlog IP

JULY 18, 2023

This time I will be covering fair use for trademarks instead of copyright. Much like copyright, there are exceptions and limits to what protection owning a trademark can provide you, including what is and is not infringement. Fair use in the trademark space breaks down into two categories.

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Plagiarism Today

NOVEMBER 29, 2023

Delta-8 THC gets boost in trademark/copyright case, popular sports highlight channel shuttered and Google ads appear on pirate sites. The post 3 Count: High Nerds appeared first on Plagiarism Today.

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TorrentFreak

OCTOBER 26, 2022

. “[RIAA’s] arguments are a mix of factually wrong information, a misunderstanding of how these AI services work, and minor allegations regarding potential trademark infringement (corrected since) which are not piracy or counterfeiting,” the rebuttal reads ( pdf ). ” Links and References Removed.

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Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

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SpicyIP

AUGUST 8, 2023

When assessing whether a plaintiff in a trademark infringement suit is entitled to an interim injunction, the findings of courts on the 3 factors of prima facie case, balance of convenience and irreparable harm are typically uniform, either supporting the grant of an injunction or its refusal. Rahul is an attorney at Ira Law.]

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Plagiarism Today

AUGUST 2, 2022

1: Netflix Slams Unofficial ‘Bridgerton’ Musical Creators in Copyright Infringement Lawsuit. In addition to the copyright issues, which includes verbatim dialog included in the songs, Netflix alleges that the duo used Bridgerton trademarks improperly in advertising the show. Have any suggestions for the 3 Count?

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TorrentFreak

JANUARY 11, 2022

Over the past several years a wave of copyright infringement lawsuits have been filed against alleged cheaters or cheat makers. In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. Copyright Questions. Bungie Sued AimJunkies.

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