IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. FX Networks and Guglielmi v. Spelling-Goldberg Prods., In Gautam Gambhir v. D.A.P & Co. &

Personality Rights 83

Personality Rights Privacy Trademark Law False Advertising 83

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. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

Social Media 49

Social Media False Advertising Advertising Advertising 49

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Plaintiff hasn’t presented any evidence of it, but the court says that’s OK because I guess the court doesn’t expect to see these allegations in the complaint? More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Actual confusion.

Advertising 99

Advertising Advertising Trademark Settlement 99

43(B)log

FEBRUARY 15, 2022

24, 2021) A rare case finding no violation of the right of publicity or trademark law from an allegedly false endorsement based on lack of harm. Benefit to the defendant, the court says, is not itself harm to the plaintiff—see also this recent Note on trademark standing by my former student Lauren Bilow. HomeAdvisor, Inc.,

Advertising 52

Advertising Advertising Business Reporting 52

SpicyIP

MARCH 10, 2024

The Plaintiff presented evidence of its long-standing use and registration of the ‘NOVA’ trademark, along with the distinct packaging featuring a blue background, a grazing cow, and the brand name. During the proceedings, the Court observed and penalised the Defendants for false advertising and contemptuous conduct.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

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. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Web of federal and state regulation. Gender and class?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

OCTOBER 4, 2021

My presentation, galloping across a bunch of developments. 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

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. Rogers , 875 F.2d 2d at 996] The Rogers court held, at least as to the dancer’s Lanham Act claim, that the defendant was entitled to summary judgment.

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. If you present that nuanced distribution, maybe 20% isn’t enough b/c of the large number of correct consumers. It doesn’t work so well for advertising!

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

DECEMBER 1, 2022

Although “third parties have used Flora-Bama in the titles of third parties’ artistic works with Plaintiffs’ oral or written permission,” that doesn’t make this a title-v-title case: Basic trademark law demonstrates why. This justification is at least consistent with the core idea of trademark law.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office. Bolt Technology v.

IP 124

IP Copyright Trademark Intellectual Property 124