LexBlog IP

AUGUST 1, 2023

Supreme Court in June issued a decision involving trademark law. Jack Daniel’s brought trademark infringement claims against VIP Products, a company that produces a “Bad Spaniels” line of dog toys. The Supreme Court held that these Bad Spaniels dog toys are not subject to the same nominative fair use protection.

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Fair Use Artistic Work Trademark Trademark Law 40

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. Blogging and Fair Use. It can be used freely by anyone.

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Intellectual Property Blogging Fair Use Registration 98

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. Consequently, trademark infringement is becoming a concern in this new world. NIKE’S CONTENTION: i.

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Trademark Ownership Branding Brands 52

IP and Legal Filings

JUNE 12, 2023

In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright.

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Copyright Law Copyright Law Copyright Infringement 83

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. The Copyright Law contains a list of twelve acts which constitute fair use.

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Copyright Fair Use Registration Ownership 52

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. ” 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.

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Trademark Intellectual Property Branding Brands 52

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

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Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Thom Tillis and Patrick Leahy they will deliver findings by June 2023. Tarantino , Case No. 2:21-cv-08979, U.S.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

JUNE 20, 2023

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns. S. _ (2023) (hereinafter “Slip Op.”).

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Trademark Designs Design Fair Use 40

IIPRD

SEPTEMBER 29, 2022

Copyright is a term describing rights given to creators for their literary and artistic works. Copyright doesn’t protect all forms of information from copying but it provides a useful bundle of rights that protects data on the Internet and electronic bulletin board systems. . Copyright is essentially a right to copy.

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Copyright Intellectual Property Copying Music 52

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

SpicyIP

NOVEMBER 19, 2023

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es The answers are yes, no, and sometimes, a list both comprehensive and dismaying. But there are several remaining problems. The 9th Circuit in Bosley v.

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Trademark Law Trademark Art Branding 72