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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. Not all marketing of artistic works is noncommercial speech. Sony Music Entertainment, P.3d 3d -, 2022 WL 3453395, S260736 (Cal.

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SpicyIP Weekly Review (February 05- February 11)

SpicyIP

Case Summaries Gujarat Cooperative Milk Marketing v. They filed a suit alleging copyright and trademark infringement against the defendant after discovering that they were selling household products under the name, ‘SUFIYAMA’, using a similar trade dress and artistic work.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

But in any event, AWF’s aggressive, take-no-prisoners approach made a friendly settlement all but impossible. Addressing Factor 4, it asserted there was little or no market harm, because “time-shifting merely enables a viewer to see … a work which he had been invited to witness in its entirety free of charge.” ( Id.

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IP and NFTs: Where are We?

LexBlog IP

On September 8, 2022, the parties filed a notice of settlement. In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark. Miramax, LLC v. Tarantino , Case No. 2:21-cv-08979, U.S. District Court for the Central District of California.

IP 52
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SpicyIP Weekly Review (March 4-March 10)

SpicyIP

The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt. Since the defendant did not appear nor they filed any written statement, the suit proceeded ex-parte.

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USC IP year in review, TM/ROP

43(B)log

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. Nor did he allege any lost business opportunities as the result of their presence on the market.

IP 94
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Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Fish & Richardson Trademark & Copyright Thoughts

But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. A number of policies are gaining support within the United States and internationally, encouraging a shift away from fossil fuels propelling the growth of the EV industry (the largest market for batteries).