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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

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Trademark and Copyright Cases to Watch in 2023

The IP Law Blog

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

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Personality Rights : Through The Glasses Of IPR

IP and Legal Filings

Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works. Relevant case law in this matter is Titan Industries Ltd. Cinematographic films; 3. Sound recordings.

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Trademark and Copyright Cases to Watch in 2023

LexBlog IP

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

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WIPIP 2022, Session 6 (TM)

43(B)log

Summary of current treatment: Although courts have often referred to “expressive” or “artisticworks as shorthand for the scope of Rogers, they have applied it to speech that quali?es The key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect. The 9th Circuit in Bosley v.

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International Treaties and Their Influence on National IP Laws

Intepat

Overview of Major International IP Treaties The realm of Intellectual Property (IP) is inherently global, as the creations it protects—such as inventions , literary and artistic works , designs , and trademarks —often transcend national borders. In conclusion, the landscape of international IP governance is continually evolving.

IP 52
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SCOTUS Finds Dog Poop Jokes Reek of Infringement

LexBlog IP

that the right to free expression does not excuse “trademark law’s cardinal sin”—use of another’s trademark “as a trademark.” VIP Products, Inc. 2” where JACK DANIEL’S and “Old No. 7” would appear.