43(B)log

SEPTEMBER 7, 2021

Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. Of course, descriptive fair use requires good faith which sure sounds like it’s hard to decide on a motion to dismiss, but that’s no barrier here. [Of False advertising: “That Ms.

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

IP Tech Blog

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. AJ Press LLC , Case No. 21-55881, in the U.S.

Branding 57

Branding Brands Branding Fair Use 57

Likelihood of Confusion

OCTOBER 9, 2021

I took some heat a little while ago for suggesting, contrary to my generally skeptical view of what constitutes trademark. The post Second Circuit and the whole of the law on confusion appeared first on LIKELIHOOD OF CONFUSION™. Though I hardly can.

Law 52

Law Trademark Fair Use Trademark Law 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Why not celebrate that Court embraced trademark use? Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

Trademark and Copyright Law Blog

JULY 9, 2020

It is difficult to imagine why any competitor would want to use “Booking.com” in other contexts, when doing so would only send consumers to Booking.com’s website and would thus thwart the competitor’s attempt to capitalize on Booking.com’s goodwill. first appeared on Trademark and Copyright Law.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

Copyright Lately

MAY 1, 2023

sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.”

Music 88

Music Copyright Copying Copyright Law 88

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. 21-2149-cv, F.4th

Social Media 49

Social Media False Advertising Advertising Advertising 49

SpicyIP

SEPTEMBER 28, 2023

Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. The court, referring to the detailed observation on ‘use’ made in the DRS Case, dismissed Policybazaar’s plea to prevent other entities from using keywords identical to its trademarks on Google’s AdWords.

Advertising 110

Advertising Advertising Trademark Marketing 110

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment.

Branding 52

Branding Brands Branding Fair Use 52

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? The Indian Trade Marks Registry is also seeing activity under classes 9, 35 and 41 for registration of trademarks in relation to ‘downloadable virtual goods’ and online virtual services.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

OCTOBER 19, 2021

This opinion addresses a venerable issue in Internet Law: can a website control how visitors see its web pages? Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., If it had, it would have eliminated the distinctions between IP law and the law of chattels. Silvaco Data Sys.

Licensing 88

Licensing Copyright Contracts Advertising 88

Likelihood of Confusion

NOVEMBER 24, 2023

“Google makes money not by reason of the nature of the keyword, but by someone clicking on the keyword,” Google lawyer Alexandra Neri told a 15-judge panel of the European. The post Key decision appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use 52

Fair Use Trademark Law Advertising Advertising 52

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

Trademark 74

Trademark Registering Trademarks Trademark Law Branding 74

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

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. What about fragmented literal similarity based on use of clips from the 2001 Documentary (no clips from the 2003 Documentary were allegedly used)? Trademark etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Another judgement pertaining to personality rights was passed by the Delhi High Court on July 11, in Krishna Kishore Singh v. Bolt Technology v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? 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)? But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Instead of surveys, can we look at things like Google results or large text databases reflective of use in a particular community? Would secondary meaning surveys change?

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 4, 2021

This change in the ease of getting relief interacts with the substantive scope of TM law in ways that may prove challenging. For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising.

IP 94

IP Trademark Advertising Advertising 94

Patently-O

DECEMBER 12, 2021

Ernst , Professor of Law, Golden Gate University School of Law. Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. Guest Post by Samuel F. The Lanham Act seems to say no, and the U.S.

Registration 69

Registration Government Advertising Advertising 69