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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

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China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

IP Tech Blog

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. Tsingtao’s choice.

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China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

LexBlog IP

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. Tsingtao’s choice.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.