Technology & Marketing Law Blog
APRIL 3, 2023
Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. by guest blogger Lisa P. Ramsey [Lisa P.
Technology & Marketing Law Blog
DECEMBER 11, 2023
Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. This is not just a new standard in trademark law, but a new standard for this ancient and important literary form. Let’s hope future courts deal with that issue much more carefully.
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Technology & Marketing Law Blog
JUNE 21, 2023
Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] Source-identifying uses of marks.
Technology & Marketing Law Blog
MARCH 4, 2022
This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.
Technology & Marketing Law Blog
OCTOBER 5, 2023
I’m sure you’re surprised to learn that when the judge actually reviewed the matter on a fully informed basis, it didn’t see trademark infringement. The court should have embraced its first instinct that the merchant didn’t use “emoji” as a mark. ” Trademark law does not restrict that usage.
The TTABlog
JUNE 22, 2023
Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). These defensive trademark doctrines, however, are narrow and often vary by jurisdiction.
Technology & Marketing Law Blog
OCTOBER 17, 2022
The trademark registrations discourage that outcome. Otherwise, “emoji” is at most descriptive of the goods in question, so there should be an air-tight descriptive fair use defense. The court says: Fair use, however, is an affirmative defense, and none of the defaulting Defendants have appeared to assert it.
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