Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

IPilogue

MARCH 2, 2022

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Is this Fair Use? Hermès’ Action.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

LexBlog IP

JUNE 9, 2023

The case arose from Jack Daniel’s complaint about VIP’s sale of a dog toy designed to resemble a bottle of Jack Daniel’s whiskey. As shown below, there is no question that the VIP bottle is designed to resemble the Jack Daniels bottle, although several of the notable components are modified for comedic purposes.

Trademark 52

Trademark Cease and Desist Fair Use Branding 52

Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. Vila’s Claim.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

The IPKat

JULY 17, 2023

The Rogers test has primarily been applied by the courts in situations where a mark is used to perform some form of expressive function rather than designate a work’s source – a topical example being the lawsuit brought by Mattel in the early 2000s in relation to the song Barbie Girl. Bad Spaniels (L), Jack Daniel's (R).

Fair Use 52

Fair Use Trademark Designs Design 52

IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. On February 3 rd 2022 Nike Inc. StockX Vault NFTs. Recent Developments.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

Technology & Marketing Law Blog

JUNE 21, 2023

VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. In Pyrrha Design Inc.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. Oracle , which stressed the trial judge’s role in the ultimate fair use determination.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 86

Trademark Social Media Advertising Advertising 86

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

IP Tech Blog

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Without getting into whether VIP’s use was not, in fact, “commercial,” the Court reasoned that the “ ‘non-commercial use’ exclusion.

Branding 57

Branding Brands Branding Trademark 57

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. This can lead to trademark infringement, as it involves using another entity’s intellectual property to deceive users.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

IP and Legal Filings

NOVEMBER 11, 2022

Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc., Industrial and graphic designs, applied art, architectural buildings are also protected by copyright. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use.

Copyright 52

Copyright Fair Use Registration Ownership 52

LexBlog IP

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. The Ninth Circuit reversed. The Supreme Court held that Ninth Circuit got it wrong. cannot include.

Branding 52

Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

JULY 5, 2021

Pattern Brands, Inc., First, as discussed above, these searches have only a limited usefulness in establishing whether PRETZEL CRISPS is generic due to the more than a decade (and $50 million in advertising and marketing expenditures) that has passed since the challenged registration of the mark in 2005. 2021 WL 1226156 (S.D.N.Y.

IP 85

IP Social Media Fair Use Branding 85

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform.

Copying 94

Copying False Advertising Social Media Advertising 94

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 70

IP Marketing Marketing Reporting 70

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. Following the Jack Daniel’s decision, to resolve whether the Rogers test applies, the Second Circuit had to determine if MSCHF used Vans’ marks as a mark for its own goods. Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand.

Blogging 112

Blogging Trademark Branding Brands 112

43(B)log

FEBRUARY 16, 2024

But no special protection should apply when D has used mark as a designation of source for its own goods/services: in the way the Lanham Act most cares about. Most parodies will be recognized as such and not confusing, but in cases involving TM use, standard likelihood of confusion test applies, regardless of D’s expressive purpose.

Trademark 59

Trademark Fair Use Registration False Advertising 59

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. Rothschild, in defense, calls himself an artist and alleges that he is protected by fair use, based on the precedents set forth by Rogers v.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law. And in February 2022, Nike, Inc.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IP Intelligence

JUNE 1, 2022

Many IP owners have discovered unauthorized use of their brands in the metaverse. This post will focus on decentralized domain names and why trademark owners should understand what they are and perhaps even consider registering some for their brands. . eth or [brand].crypto crypto domain? . There is no clear answer yet.

Non-Fungible Tokens 52

Non-Fungible Tokens Branding Brands Branding 52

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. The design of its engagement rings is famously called the “Tiffany settings” which is a style of six-prong diamond setting. Thus, it cannot be held that the defendant acted in bad faith.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. However, commercial use of costumes still raises legal questions. Bottom Line.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

43(B)log

SEPTEMBER 3, 2021

And Redbubble does not design, manufacture, or handle these products. When OSU sent Redbubble a C&D, Redbubble asked it to “specifically identify each infringing design.” Redbubble interweaves its brand with the products it sells.” So Redbubble never takes title to any product shown on its website.

Trademark 105

Trademark Advertising Advertising Designs 105

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Buzzfeed’s use of screenshots, which include all the elements of the Post, such as the Instagram branding and Ms. Buzzfeed, Inc.

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

LexBlog IP

MARCH 15, 2023

Trademark protection is important because it allows the owner of the trademark to prevent others from using the trademark in a way that may confuse consumers or dilute the brand’s reputation. Trademark protection of these symbols in Ireland is important because it helps to protect the reputation of Irish brands and products.

Trademark 40

Trademark Branding Brands Branding 40

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

FEBRUARY 3, 2024

end products, or products where the consumers will care which brand they got more or less. Are courts just mistaking the nature of the consumer or just ignoring it and using other factors? Brand acts as umbrella unifying messages from different parts of company as if they were talking as one—marketing, legal, billing.

False Advertising 49

False Advertising Contracts Branding Brands 49

LexBlog IP

DECEMBER 6, 2021

Jump To: Trademark Protection for Branding. Trademark Protection for Branding. A trademark cannot be used to protect an invention, coding, or software program. However, a trademark can be a protective and competitive measure for securing branding elements that identify, market, or sell your product.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

IP and Legal Filings

SEPTEMBER 30, 2022

Nike claims that the method adopted by StockX to use Nike’s famous marks such as the “swoosh” and the “jump man” logo constitutes, among other things, trademark infringement, false designation of origin, and trademark dilution. There is no indication of when, if ever, such a service will be available.

Trademark 52

Trademark Ownership Branding Brands 52

TorrentFreak

JULY 26, 2021

There are many amendments under consideration that are designed to protect creators and distributors of all kinds. Additionally, when copyright works are accessed legally, they can be used for data analysis, without asking permission from copyright holders. On July 6, a new Copyright Bill was tabled in the Singapore Parliament.

Copyright 101

Copyright Fair Use Intellectual Property Designs 101

43(B)log

JUNE 24, 2022

In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? Defenses: we don’t have fair use as a catchall; specific list of enumerated defenses. But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56