43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? 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)? But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment.

Branding 52

Branding Brands Branding Fair Use 52

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. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. With trademark law, the federal right has been around since 1870 and today occupies most of the space.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

IPilogue

MARCH 2, 2022

Is this Fair Use? Several barriers may preclude Rothschild from successfully claiming fair use. His extensive use of Hermès’s trademarks — i.e., the name “MetaBirkin,” the metabirkins.com domain, the hashtags #MetaBirkins and #NotYourMothersBirkin — is likely commercial in nature, which conflicts with fair use claims.

Cease and Desist 105

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

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.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

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. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

Technology & Marketing Law Blog

OCTOBER 17, 2022

” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). 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.

Trademark 110

Trademark Fair Use Registration Licensing 110

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

Intellectual Property Law Blog

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. 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Could we do something similar in ornamentality?

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

JUNE 9, 2023

VIP filed suit, seeking a declaratory judgment that Bad Spaniels neither infringed nor diluted the Jack Daniels brand. ” The Court noted that applying Rogers to all matters where there is an expressive element would impermissibly extend Rogers to nearly all facets of life and potentially supplant the purpose of trademark law.

Trademark 52

Trademark Cease and Desist Fair Use Branding 52

Plagiarism Today

OCTOBER 26, 2021

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. Besides, even if a rightsholder did decide to target such home uses (which would likely be against their self-interest), it is almost certain that it would be found to be a fair use.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

Trademark 70

Trademark Fair Use Registration Branding 70

IPilogue

OCTOBER 28, 2021

District Court for the Eastern District of New York ruled that the parodical and satirical use of Fun World’s copyrighted “Ghost Face” mask was permitted under the fair use doctrine. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc. Scary Issues with Licensing and Trademarks.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

IP and Legal Filings

OCTOBER 31, 2023

In the United States as well, trademark laws prohibit the trademarking of generic terms because it would give someone a monopoly on a product. Image Sources: Shutterstock] Brief background Booking.com is a website for booking travel and lodging services that has been using the domain name “Booking.com” since 2006.Company

Trademark 59

Trademark Trademark Law Registration Fair Use 59

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.

Registration 120

Registration Blogging Trademark Privacy 120

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

SpicyIP

NOVEMBER 17, 2023

Course Schedule Day Time (IST) Sessions Topics From To Day 1 9:30 AM 11:00 AM Introduction to Intellectual Property Rights for Entrepreneurs Significance of IPR for entrepreneurs Types of IPR relevant to start-ups 11:10 AM 12:40 PM Patents Patent for entrepreneurs Patent application & prosecution for start-ups 12:40 PM 1:30 PM Lunch 1:30 PM 3:00 (..)

Intellectual Property 105

Intellectual Property Technology IP Law 105

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Punchbowl News/Hog Farm cases seem like branding uses—establishing independent identity under the mark.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Trademark and Copyright Law Blog

JULY 9, 2020

In addition to making history in the remote-work era, this case caught the attention of trademark lawyers and some mainstream media ; after all, it concerns a relatively well-known brand and the intriguing question of genericness.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law.

Design Patent 71

Design Patent Patent Infringement Designs Design 71

LexBlog IP

JUNE 20, 2023

7 Brand Tennessee Sour Mash Whiskey” turns into “The Old No. It owns trademarks in the distinctive Jack Daniel’s bottle and in many of the words and graphics on the label. The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. Though not entirely.

Trademark 40

Trademark Designs Design Fair Use 40

LexBlog IP

FEBRUARY 1, 2023

VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand.

Trademark 52

Trademark Intellectual Property Branding Brands 52

SpicyIP

MAY 18, 2022

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value. But it is equipped to efficiently deal with new workload?

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Instead of surveys, can we look at things like Google results or large text databases reflective of use in a particular community? This isn’t wholly empirical.

Trademark 72

Trademark Marketing Marketing Advertising 72

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. trademark on the grounds of 22 years of non-use. vs. M/s Kellog Co. [ii]

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

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. They may also be interested in licensing their sound recordings for AI training purposes.)

Music 85

Music Copyright Copying Copyright Law 85

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

Likelihood of Confusion

DECEMBER 25, 2022

Walter Olson: The famous maker of candies and candy-dispensers is suing the owners of the Burlingame Museum of Pez Memorabilia in Northern California, claiming that its venture into Pez homage, The post Companies versus their fans appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use 88

Fair Use Trademark Law Branding Brands 88

Likelihood of Confusion

OCTOBER 9, 2023

StationStops reports that the MTA has backed off at least part of its obnoxious “IP enforcement program” and undone some of the damage the agency caused between the company and. The post Light at the end of the tunnel appeared first on LIKELIHOOD OF CONFUSION™.

Reporting 52

Reporting IP Fair Use Branding 52

Likelihood of Confusion

SEPTEMBER 15, 2023

One of my favorite ever topics here on LOC has been the litigation brought by the University of Alabama against painter Daniel Moore for unauthorized artistic depiction of trademarks. The post More, more, Moore! appeared first on LIKELIHOOD OF CONFUSION™.

Litigation 52

Litigation Trademark Fair Use Branding 52

Likelihood of Confusion

APRIL 19, 2023

” To wit: “We are seeking to bar Audi from using any names that could infringe. A report in the online Financial Express says that Nissan is suing Audi over “Q.” The post Q the Lawyers appeared first on LIKELIHOOD OF CONFUSION™.

Reporting 52

Reporting Fair Use Branding Brands 52

Likelihood of Confusion

DECEMBER 22, 2022

Maybe if Steve Brodsky or the Whistleblower published pornography or scandalous charactures of Dick Cheney or were uploading music files the self-appointed guardians of free speech would have something to say about what's going on here. The post Jews for Jesus* v. free speech: update appeared first on LIKELIHOOD OF CONFUSION™.

Music 52

Music Publishing Fair Use Branding 52