Remove Artwork Remove Copyright Remove Service Mark Remove Trademark
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Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Technology & Marketing Law Blog

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v.

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copying competitor's website & reviews creates (c), TM, false advertising problems

43(B)log

It had a similar color scheme, page layout and website architecture, font type, and artwork and photographs to Boston Carriage’s. The court refused to dismiss copyright claims (plaintiff amended its complaint when it had registered its copyright, which was timely and ok).

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Precedential No. 33: TTAB Reverses Failure-to-Function Refusal of "FOLLOW THE LEADER" for Credit Card and Travel Services

The TTABlog

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

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TTABlog Test: Does "MAKE YOUR PASSION YOUR PAYCHECK" Function as a Source Indicator for T-Shirts?

The TTABlog

Matter that does not serve to indicate the source or origin of the identified goods and distinguish them from others does not meet the statutory definition of a trademark. As we note above, some third-party uses are service mark uses. Others are titles of books, or emblazoned in an ornamental manner on t-shirts or artwork.

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