Plagiarism Today

OCTOBER 26, 2021

Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

Trademark 243

Trademark Copyright Cease and Desist Copying 243

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. The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

SpicyIP

AUGUST 30, 2021

and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Technology & Marketing Law Blog

JUNE 21, 2023

Many trademark attorneys and professors hoped the Supreme Court would provide more guidance on how to resolve conflicts between trademark and free speech rights in Jack Daniel’s Properties, Inc. VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. Redbubble, Inc. ,

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

SpicyIP

JULY 13, 2021

In the soap war between HUL and Sebamed, Sebamed released an advertisement comparing an HUL branded soap with RIN detergent stating that HUL’s soap’s pH values are similar to that of RIN. To substantiate, for e.g., currently the law only allows brands selling yogurts to compare their and rival yogurt’s features. Sangita Sharma.

Advertising 105

Advertising Advertising Branding Brands 105

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

FEBRUARY 16, 2023

Contrarily, unless the contrary can be proven, any registered trademark that hasn’t been used for 5 years following registration and 3 months before to registration is subject to revocation or removal from the trademark registry. The Hon’ble Supreme Court in the Kabushiki Kaisha Toshiba v.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

43(B)log

FEBRUARY 16, 2024

And here there is a very clear statement in the statute of that zone of interests, which most relevantly includes “to regulate commerce … by making actionable the deceptive and misleading use of marks in … commerce; …; to protect persons engaged in … commerce against unfair competition.” If you just saw it, would you think that’s their brand?

Trademark 59

Trademark Fair Use Registration False Advertising 59

IIPRD

JANUARY 18, 2022

With all the opportunities that NFTs present for a business, there is also the inevitable opportunity for misuse of a business’s or brand owner’s intellectual property rights held in any underlying asset through minting of unauthorized NFTs. The usage of NFTs by luxury brands to reach out to high-net-worth individuals.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

Copyright Lately

MAY 1, 2023

She would create a dataset of sound files consisting of Drake acapella vocals (stripped from the music tracks using a vocal separator) and run the data through software used to train the voice model. Artists also may own registered trademarks in their names for use as source identifiers.

Music 85

Music Copyright Copying Copyright Law 85

43(B)log

OCTOBER 4, 2021

My former student Grace McLaughlin has written an excellent note about the fact that these putative trademarks don’t serve human trademark functions—it’s very hard to remember them or distinguish one random string from another random string in terms of knowing what you’ve seen before—and has proposed some possible responses from the PTO.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

NOVEMBER 8, 2023

VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 3137680), the lightsaber sound from Star Wars (as Reg.

Trademark 52

Trademark Registration Music Intellectual Property 52