43(B)log

FEBRUARY 25, 2023

You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. Skeptical that it could help w/confusion though. What about ChatGPT? Brain scans for consumers?

Trademark 72

Trademark Marketing Marketing Advertising 72

SpicyIP

MAY 1, 2023

Essentially, they have argued that copyrighted works should be allowed to be copied for non-expressive uses, such as AI learning to recognise stop signs, self-driving cars or learning how words are sequenced in conversations, but argued that the question of fair use should become tougher when learning is being done to copy expressions.

IP 129

IP Licensing Fair Use Moral Rights 129

43(B)log

FEBRUARY 19, 2022

Sari Mazzurco, The Law of Social Roles for the Platform Internet Law’s expressive function: how law tells people what social roles various institutions are supposed to carry out. Social roles are fundamental: shorthand that help us understand what behavior is appropriate or inappropriate based on relationship context.

Law 119

Law Branding Brands Branding 119

43(B)log

FEBRUARY 23, 2023

The court granted a motion to dismiss on lack of likely confusion. 10, 2022) Dfinity alleged that Meta infringed its Dfinity and Rainbow marks in its rebranding. Dfinity is a nonprofit organization that runs the Internet Computer, a public blockchain network. Dfinity sued for federal and state trademark infringement.

Designs 59

Designs Design Registration Trademark 59

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Courts don’t do really prong one beyond assessing access (not independently assessing copying). Matt Sag: What looks like an increase over time may be an artifact of the way cases became available on WL post-2002 or so. of opinions.

Trademark 72

Trademark Copyright Branding Brands 72

Technology & Marketing Law Blog

JANUARY 8, 2024

The court doesn’t define what it means by a metatag or establish that “metatags” were the technical mechanism that associated the rival’s products with the trademark owner’s trademark. The trademark owner argued that the customers may have been directed via initial interest confusion to the rival website.

Trademark 79

Trademark Advertising Advertising False Advertising 79

LexBlog IP

DECEMBER 14, 2022

Unlike a standard trade mark application (which is generally prepared and lodged by the owner of a specific brand), certification trade mark applications are often made by a representative of the industry group that is responsible for the regulation of the characteristics of the relevant goods and/or services.

Registration 52

Registration Branding Brands Branding 52

LexBlog IP

JULY 5, 2023

These agreements authorized Hydronic to build and sell Hetronic-branded products so long as the parts were purchased directly from Hetronic. The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark.

Trademark 52

Trademark Marketing Marketing Contracts 52

The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. 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

43(B)log

DECEMBER 1, 2022

Another Viacom witness testified that “Floribama” offered “a very distinct sense of what part of the country and subculture that is,” and that, because Florida has “multiple subcultures,” a name like “Florida Shore” would not have sufficiently identified the Gulf Coast setting. Viacom made the Jersey Shore spin-off MTV Floribama Shore.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Art Law Journal

JUNE 30, 2022

With just a basic understanding of each type of Intellectual Property, you’ll be able to determine whether your work can be protected and what you should do to make it happen. With that basic structure, let’s review them and sort out some of the confusing aspects of each. Which Type of Intellectual Property Law Is Right for You.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. The precise details of what is being appealed is not yet known.

Copyright 60

Copyright Copying Branding Brands 60

The IP Law Blog

DECEMBER 23, 2021

Supporting its tarnishment claim, Jack claims that FTX’s Moon Man is a poorer quality copy or derivation of the Jack in the Box character and that FTX’s use of its Moon Man in advertising has tarnished Jack’s reputation, and/or blurred consumers’ association of Jack’s “Jack” with FTX’s shoddy Moon Man. Jack in the Box is not happy.

Trademark 98

Trademark Advertising Advertising Copying 98

LexBlog IP

FEBRUARY 1, 2023

Lots of people are talking about ChatGPT. Some are fueling the terror by comparing ChatGPT’s release to the unleashing of the Kraken. ” While, for some, the release of ChatGPT seems accompanied by a dramatic feel, my experience with ChatGPT started with a much more sitcom feel but had an admittedly surprising ending.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Kashishipr

JULY 13, 2022

Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners. The digital features could be anything perceived by the five senses, i.e., vision, smell, taste, sound, or touch. It is the primary technology of the metaverse.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

SpicyIP

FEBRUARY 5, 2023

Responding in the positive, the Delhi High Court adopted a liberal interpretation of the term under Rule 45 and afforded the Opponent the benefit of confusion arising out of the badly worded provision. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!

Music 119

Music Copyright Trademark IP 119

Art Law Journal

JUNE 30, 2022

With just a basic understanding of each type of Intellectual Property, you’ll be able to determine whether your work can be protected and what you should do to make it happen. With that basic structure, let’s review them and sort out some of the confusing aspects of each. Which Types of IP Law Is Right for You?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

The IPKat

FEBRUARY 8, 2023

This phenomenon ranges from slight iteration to homage or even slavish copying. This Kat then finds it amusing to try to determine on what basis the fast food company could sue Saint Laurent, if such a dispute where ever to arise. It's not always about being new-new because who is new-new?".

Designs 62

Designs Design Law Copyright 62

43(B)log

JUNE 24, 2022

For example, embedded within analysis of likely confusion factors? 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)? May be harder to show likely confusion where there’s no distinctiveness; focus on distinctive components may be part of that.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

LexBlog IP

DECEMBER 23, 2021

Supporting its tarnishment claim, Jack claims that FTX’s Moon Man is a poorer quality copy or derivation of the Jack in the Box character and that FTX’s use of its Moon Man in advertising has tarnished Jack’s reputation, and/or blurred consumers’ association of Jack’s “Jack” with FTX’s shoddy Moon Man.

Trademark 52

Trademark Advertising Advertising Copying 52

LexBlog IP

NOVEMBER 30, 2022

So, it is with intellectual property matters as well—there are matters, some previously addressed, where recent developments require us to use what we have before it gets too stale. Varsity Brands , 137 S.Ct. Yoder, In defense of leftovers ]. It’s definitely among the coziest. Or maybe we just want to return for seconds.

IP 52

IP Intellectual Property Fair Use Trademark 52

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

Branding 73

Branding Brands Branding Litigation 73

SpicyIP

MAY 20, 2024

Arcelormittal has rightfully clarified that the substance of pre grant oppositions is what matters, and not the identity of who is putting forward the opposition. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Anything we are missing out on? Drop a comment below to let us know. Read on to know more.

Trademark 45

Trademark Advertising Advertising Copyright 45

IPilogue

JANUARY 14, 2022

Copyright Confusion: Sony Upsetting Nintendo YouTubers by Natalie Bravo. Photo by Engin Akyurt ( Unsplash ). This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor). David Vaver.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

SEPTEMBER 15, 2022

Here’s what you need to know about where things stand: The problem lies in the fact that NFTs haven’t found their place within the 232-year-old (albeit evolving) framework of the US Copyright Act. NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

SpicyIP

FEBRUARY 13, 2023

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

APRIL 28, 2022

In preparation for the league’s debut, Defendants have invested tens of millions of dollars in acquiring intellectual property rights, advertising, broadcasting, stadium and apparel deals, and in hiring players, coaches, trainers, and other staff, and in branded uniforms and equipment. Real USFL, LLC v. Fox Sports, Inc., 2022 WL 1134487, No.

Licensing 45

Licensing Advertising Advertising Registration 45