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. How should we balance free speech, parody, and fair use concerns?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

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

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

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

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. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. Views expressed here are those of the author’s alone.

Advertising 110

Advertising Advertising Trademark Marketing 110

LexBlog IP

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. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises.

Branding 52

Branding Brands Branding Fair Use 52

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. Artists also may own registered trademarks in their names for use as source identifiers.

Music 87

Music Copyright Copying Copyright Law 87

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

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 76

Trademark Registering Trademarks Trademark Law Branding 76

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. A series of lawsuits from two decades ago covered some important ground regarding the ability of website owners to block adware. Wells Fargo v. 1-800 Contacts v. Implications.

Licensing 87

Licensing Copyright Contracts Advertising 87

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™. This is big, but stay calm. Though I hardly can.

Law 52

Law Trademark Fair Use Trademark Law 52

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

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès is embroiled in constant legal battles defending the Birkin against trademark infringement and passing-off. Trademark Protection in the Metaverse .

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. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. The court, in a careful opinion, rejected all the claims.

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. Bolt Technology v. First, in Toyota v. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JUNE 21, 2023

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.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

LexBlog IP

FEBRUARY 1, 2023

Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. They also argued that the toy could lead to confusion among consumers, as it could be mistaken for an official Jack Daniel’s product. ” Id. Jack Daniels Products , 953 F.3d

Trademark 52

Trademark Intellectual Property Branding Brands 52

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? It doesn’t work so well for advertising!

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

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

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

Patently-O

DECEMBER 12, 2021

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. 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump. 26] Which one?

Registration 69

Registration Government Advertising Advertising 69