43(B)log
DECEMBER 1, 2022
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.
The IP Law Blog
JANUARY 19, 2023
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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IP and Legal Filings
OCTOBER 11, 2022
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.
LexBlog IP
JANUARY 19, 2023
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.
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 key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect. The 9th Circuit in Bosley v.
LexBlog IP
JUNE 8, 2023
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.
LexBlog IP
MARCH 24, 2023
require the Court to consider exactly how far trademark law can go in regulating conduct in the face of competing public policy interests. The Line Between Artistic and Commercial: Jack Daniel’s Properties Inc. The Lanham Act “has no exceptions for expressive works,” the lawyer for Jack Daniel’s argued.
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