43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. Under these agreements, PTRA is the exclusive owner of the Rose Bowl Game trademark and owns the mark for use in connection with the annual game.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

MARCH 21, 2024

The court previously denied summary judgment on nominative fair use, treating it as a balancing test: LHB needed to use “Taser” to refer to Axon’s product, but used too much (it was a former distributor), and there were genuine disputes of fact on whether it did anything else to suggest endorsement.

Fair Use 45

Fair Use Advertising Advertising Art 45

SpicyIP

JULY 13, 2021

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

Advertising 105

Advertising Advertising Branding Brands 105

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

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.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

Trademark 247

Trademark Copyright Cease and Desist Copying 247

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.

Trademark 52

Trademark Fair Use Branding Brands 52

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

APRIL 3, 2023

She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. VIP Products says its dog toy parody is expression protected by the First Amendment.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

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. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 59

Trademark Fair Use Registration False Advertising 59

The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. 3: What Now for Fair Use After Warhol v. As we look back, we want to share The Briefing’s most popular episodes in 2023.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

Likelihood of Confusion

FEBRUARY 21, 2023

involving keyword advertising using other folks’ trademarks (a form. Trademarks. Here’s a roundup of what other people are saying about the decision in Network Automation, Inc. Advanced System Concepts, Inc. The post Ninth Circuit. appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 52

Trademark Advertising Advertising Fair Use 52

43(B)log

MARCH 14, 2024

But with nominative fair use, courts engage in more unfair competition/normative reasoning. When a court finds that a use went beyond identifying to suggesting a connection, it often doesn’t use any of the factors that empirically we might use to figure out if that was true.

Advertising 69

Advertising Advertising Music Fair Use 69

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

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

SEPTEMBER 16, 2021

It has more than 400 commercial customers, including global enterprises such as Walmart, Comcast, Cisco, and eBay, and also does substantial business with government agencies, including US agencies. It has trademark registrations for the word mark “NEO4J.”

False Advertising 64

False Advertising Advertising Advertising Licensing 64

IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. 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.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

LexBlog IP

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. 3: What Now for Fair Use After Warhol v. As we look back, we want to share The Briefing’s most popular episodes in 2023.

False Advertising 52

False Advertising Intellectual Property Fair Use Music 52

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

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

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. This was enough survive the motion to dismiss.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

NOVEMBER 1, 2022

28, 2022) Defendants allegedly both disparaged Homelight and infringed its trademark, which seems a weird combo, but half of the TM claims aren’t as contradictory as they seem—the other half really are. The court found that trademark infringement was plausibly pled, which is unfortunate. Homelight, Inc. Shkipin, 2022 WL 16528142, No.

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. Nike currently has multiple pending trademark applications for their NFTs.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

SpicyIP

APRIL 15, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Read on to learn more.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

Trademark and Copyright Law Blog

JULY 9, 2020

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. Yes, Booking.com can now obtain a federal trademark registration and can use the ® symbol with its mark.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? But fair use/dealing typically involves reproduction of a limited portion, and AI could calculate portion. EFF doesn’t want fair use cases in the system; MPAA does.

Copyright 90

Copyright Trademark Copying Fair Use 90

43(B)log

FEBRUARY 18, 2022

Lolita Darden, Stopping Zombie Company Trademark Abuse and Consumer Deception in Trademark Abandonment Cases Based on clinic work. b/c standard for proving abandonment is not consistent through US. A: False advertising context: FTC/state AGs. Protectability doctrines take this into account as well as fair use.

Trademark 59

Trademark False Advertising Fair Use Branding 59

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. With trademark law, the federal right has been around since 1870 and today occupies most of the space.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. NFTs are unique tokens based on blockchain technology and used as digital assets. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Kashishipr

MAY 25, 2021

Blogging and Fair Use. The doctrine of fair use bears substantial importance for blogs since the question of plagiarism may sprout up at regular intervals. It is noteworthy to analyze a few examples that might or might not fall into fair use of copyrighted content: A parody can be made of a particular piece of work.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

DuetsBlog

OCTOBER 5, 2020

Hearty thanks to Colette Durst , Stephen Lee , and Susan Perera , for generously sharing their insights and perspectives about trademark nominative fair use. In case you missed it, here is my Trademark Nominative Fair Use of Another’s Logo post from March, leading up to the 2020 AIPLA Annual Spring Meeting.

Fair Use 59

Fair Use IP Trademark False Advertising 59

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 90

Blogging Social Media Television Fair Use 90

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

AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. That news splashed a bit of cold water on Punchbowl’s apparent expansion of fair use defenses heralded above. Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s.

Branding 57

Branding Brands Branding Fair Use 57

SpicyIP

SEPTEMBER 28, 2023

DRS , explaining the Court’s approach towards determining whether the use of a mark as a keyword will amount to trademark infringement or not. Last month we had a detailed post by Aditya Gupta on the DHC Division Bench order in Google v. Views expressed here are those of the author’s alone.

Advertising 110

Advertising Advertising Trademark Marketing 110

The IPKat

MARCH 7, 2024

The Case of Upcycling”, Irene Calboli and Siroos Tanner address the IP dimension of upcycling and explore ways to prevent this environmentally friendly practice from being hindered by claims of potential trademark and copyright infringement. The analysis concludes with a review of recent US cases.

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57