IPilogue

MARCH 2, 2022

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Is this Fair Use? Hermès’ Action.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

43(B)log

SEPTEMBER 16, 2021

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.” Neo4j ultimately considered PureThink’s Neo4j Government Edition to be a problem.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. It’s nice to see the court use the Goldsmith case to cement the defense’s fair use win. Or the $50k.

Blogging 83

Blogging Copyright Fair Use Copyright Infringement 83

43(B)log

NOVEMBER 21, 2022

They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising. Thus, “[i]n context, the contested button is not false association or false advertising.” They don’t succeed, especially considering Rule 9(b)’s heightened pleading requirements for claims sounding in fraud.

False Advertising 72

False Advertising Fair Use Advertising Advertising 72

Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. 17 U.S.C. §

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

TorrentFreak

MARCH 27, 2022

Dealing with most claims this way provides efficiency for YouTube but there are times when algorithms get things wrong or complex issues such as determining instances of ‘fair use require input from human beings. To this end, Google/YouTube is now seeking to boost its already massive team. Copyright Operations Specialist.

Copyright 133

Copyright Fair Use Copyright Law Advertising 133

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use.

Copying 94

Copying False Advertising Social Media Advertising 94

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. C) Any non-commercial use of a mark.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement.

Trademark 86

Trademark Social Media Advertising Advertising 86

Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. Oracle , which stressed the trial judge’s role in the ultimate fair use determination.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

LexBlog IP

APRIL 13, 2023

These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. for purposes of advertising or selling, or soliciting purchases of. ” Cal. .” ” Cal.

Fair Use 52

Fair Use Designs Design Advertising 52

IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. StockX also claimed their resale methods are protected by the first sale doctrine and their use of Nike products tied to NFTs are descriptive fair use and/or nominative fair use.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

Technology & Marketing Law Blog

JUNE 21, 2023

The other issue in Jack Daniel’s was whether VIP could invoke the “noncommercial use of a mark” exemption from dilution liability in 15 U.S.C. 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 112

Registration Fair Use Copyright Designs 112

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts.

Editing 89

Editing Social Media Blogging Advertising 89

43(B)log

SEPTEMBER 3, 2021

And Redbubble does not design, manufacture, or handle these products. When OSU sent Redbubble a C&D, Redbubble asked it to “specifically identify each infringing design.” Plus, the text of Ohio’s ROP statute prohibits using a persona in connection with a product, advertising a product, or soliciting the purchase of a product.

Trademark 105

Trademark Advertising Advertising Designs 105

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” The court holds that the school district qualified for fair use and ordered the plaintiff to pay attorneys’ fees.

IP 85

IP Social Media Fair Use Branding 85

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” But what is TM use? Then, in Lexmark v. of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. However, commercial use of costumes still raises legal questions.

Trademark 243

Trademark Copyright Cease and Desist Copying 243

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. Should that weigh into the fair use analysis? [No,

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 52

Social Media Fair Use Advertising Advertising 52

IP and Legal Filings

APRIL 28, 2022

The design of its engagement rings is famously called the “Tiffany settings” which is a style of six-prong diamond setting. Costco contended that “Tiffany” is not just a brand name but also a recognised term for ring setting which is not infringement as they have been using it in good faith. Image Source: gettyimage].

Fair Use 52

Fair Use False Advertising Trademark Branding 52

Kluwer Copyright Blog

APRIL 25, 2023

Emulators and ROM files Emulator programs enable players to run video games on hardware and/or software platforms other than those for which the games were originally designed. Emulator programs are typically used in conjunction with ROM files, which contain data extracted from physical copies of video games.

Copyright 56

Copyright Copyright Infringement Fair Use Intellectual Property 56

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

JUNE 24, 2022

In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? Defenses: we don’t have fair use as a catchall; specific list of enumerated defenses. But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

IP Tech Blog

JUNE 8, 2023

Without getting into whether VIP’s use was not, in fact, “commercial,” the Court reasoned that the “ ‘non-commercial use’ exclusion. Fair use, the Court held simply does not apply when using a mark as a designation source for the person’s own goods or services. “In cannot include.

Branding 57

Branding Brands Branding Trademark 57

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 24, 2023

Every time a court uses Rogers, it’s covertly holding that it would be unconstitutional to apply a broader set of rights; we’re tailoring the test with this in mind. But the test doesn’t say 1A every time; you just use the test. Ramsey: do it w/broad fair use/general rules.

Trademark 69

Trademark False Advertising Fair Use Branding 69

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices.

Music 85

Music Copyright Copying Copyright Law 85