LexBlog IP

JULY 12, 2023

As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants. Platforms will typically also consider how a name is being used, including whether the name might be used in accordance with fair use principles.

Social Media 52

Social Media Branding Brands Branding 52

Likelihood of Confusion

OCTOBER 24, 2022

Originally posted on November 13, 2008: “We cannot allow our brand to be abused.” ” What “brand” is that? The post “We cannot allow our brand to be abused” appeared first on LIKELIHOOD OF CONFUSION™. Dr. Martin Luther King, Jr. The greed of the.

Branding 75

Branding Brands Branding Fair Use 75

IP Tech Blog

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. VIP Products LLC. Neither of these prongs is easy [for a plaintiff] to meet.”.

Branding 57

Branding Brands Branding Fair Use 57

LexBlog IP

MARCH 3, 2023

Safeguard Your Brand: How Choosing the Wrong Trademark Lawyer Can Kill Your Brand @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6402f22ad89cf2570{display: Now anyone can use the word ESCALATOR to describe a moving stairway. Further, marks can become abandoned if the owner stops using the mark.

Branding 52

Branding Brands Branding Trademark 52

Olartemoure Blog

NOVEMBER 29, 2023

In the digital world, and working with visuals and sometimes with external brands, you navigate a potential minefield of IP risks. Build Trust: Registered content builds trust and credibility, making content more trustworthy for followers and brands. In the world of content creation, your originality is your superpower.

IP 105

IP Content Creation Intellectual Property Fair Use 105

Likelihood of Confusion

AUGUST 25, 2023

The post Best of 2010: Trademarks, copyright, brand equity, and rent-seeking: Soapbox 2010 appeared first on LIKELIHOOD OF CONFUSION™. From last week’s INTA Trademark Topics email discussion list. One name has been changed to protect the innocent, and the links, by way of.

Branding 52

Branding Brands Branding Trademark 52

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. VIP Products LLC.

Branding 52

Branding Brands Branding Fair Use 52

LexBlog IP

JULY 18, 2023

This time I will be covering fair use for trademarks instead of copyright. Fair use in the trademark space breaks down into two categories. The first is descriptive fair use. The second is nominative fair use. As Erin covered in an earlier post , trademarks are on a spectrum of distinctiveness.

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Trademark Fair Use Branding Brands 52

JD Supra Law

JULY 12, 2023

Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In that case, the appeals court ruled against Lous Vuitton, reasoning the use of the mark was a clear parody, and therefore deemed fair use.

Trademark 52

Trademark Fair Use Branding Brands 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

The court says that the merchant made a descriptive “fair use” of the “emoji” term, but the court didn’t actually say that “emoji” qualifies as a descriptive trademark, instead of an arbitrary mark, for stickers. The word “Emoji” helpfully describes the stickers that Winlyn is selling.

Trademark 120

Trademark Fair Use Trademark Law Branding 120

Olartemoure Blog

AUGUST 19, 2022

Sustainable brands have ended up being one of the most successful business operations, bringing together environmental, economic, and social issues into our daily goods and services. Congressional commitments made through the Science Act illustrate the importance of prioritizing research focused on solving urgent problems. . First Name.

Fair Use 98

Fair Use Intellectual Property Branding Brands 98

Kluwer Copyright Blog

APRIL 22, 2024

Furthermore, it is debatable whether the creation of NFTs can be considered “fair use”, since (i) this generates a “new” public and a new “digital” market for artworks that, to date, only existed in the real world and (ii) it deprives de facto copyright holders of a potential source of income.

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

IPilogue

JUNE 21, 2022

Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. With consumers attributing scams to Nike, the use of Nike’s marks on these NFTs have generated negative associations with Nike in a way that harms Nike’s reputation and immense goodwill.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

In recent years, she has played a key role in litigation surrounding the “Fearless Girl” statue, which was famously unveiled in New York City in 2017, as well as trademark litigation on behalf of travel metasearch engine Kayak. .

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

IPilogue

OCTOBER 12, 2022

Netflix alleges Barlow and Bear have benefited from their album’s false association with the Bridgerton brand. Barlow and Bear may use the “fan fiction” defence to claim their work is not an infringement based on fair use by proving the elements of fair use: the art is transformative and adds new meaning to the original show.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

Technology & Marketing Law Blog

OCTOBER 17, 2022

” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). Otherwise, “emoji” is at most descriptive of the goods in question, so there should be an air-tight descriptive fair use defense. The trademark registrations discourage that outcome. That’s messed up. How messed up?

Trademark 109

Trademark Fair Use Registration Licensing 109

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.

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Trademark Social Media Advertising Advertising 84

Intellectual Property Law Blog

JUNE 16, 2023

7 Brand Tennessee Sour Mash Whiskey” into “The Old No. The District Court rejected VIP’s contentions and enjoined VIP from manufacturing and selling its Bad Spaniels dog toy holding that when “another’s trademark is used for source identification,” the Rogers test does not apply and the test is whether the use is likely to cause confusion.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

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 102

Blogging Trademark Fair Use Trademark Law 102

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights 76

Moral Rights Artwork Fair Use Copyright 76

The IPKat

JULY 17, 2023

7 Brand Tennessee Sour Mash Whiskey” as “The Old No. The Court began by considering the scope of the Lanham Act ’s exclusions for trademark infringement, and particularly that of fair use, which specifically includes uses “parodying, criticizing or commenting upon” a famous mark owner. Bad Spaniels (L), Jack Daniel's (R).

Fair Use 52

Fair Use Trademark Designs Design 52

LexBlog IP

JUNE 9, 2023

VIP filed suit, seeking a declaratory judgment that Bad Spaniels neither infringed nor diluted the Jack Daniels brand. Here, the record presented evidence—including even VIP’s own admission—that VIP used the design elements as a source identifier for its products. The 9 th Circuit reversed on appeal.

Trademark 52

Trademark Cease and Desist Fair Use Branding 52

IP Law 360

JANUARY 26, 2022

Breitling has won its trademark battle with a California jewelry brand over the term "red gold" with a Connecticut federal judge ruling an earlier decision that the watchmaker made fair use of the term closed the book on the remaining issues in the case.

Trademark 40

Trademark Fair Use Branding Brands 40

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

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

Copyright Lately

SEPTEMBER 12, 2022

Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges. Case in point is a recent ruling out of the Central District of California involving clothing brand Deadly Doll. Paging Section 113(c).

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

DuetsBlog

OCTOBER 5, 2020

Hearty thanks to Colette Durst , Stephen Lee , and Susan Perera , for generously sharing their insights and perspectives about trademark nominative fair use. In case you missed it, here is my Trademark Nominative Fair Use of Another’s Logo post from March, leading up to the 2020 AIPLA Annual Spring Meeting.

Fair Use 59

Fair Use IP Trademark False Advertising 59

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.

Fair Use 95

Fair Use Copying Television Social Media 95

IP and Legal Filings

JULY 31, 2021

Despite this, AGL lawyer Megan Evetts said there was a “clear intention to harm the brand.” Primarily, AGL’s contention was onto the conduct of Greenpeace which was not for criticism or satirical purpose but was for harming the brand and a part to pressurize AGL to change the way for the company to work.

Social Media 98

Social Media Fair Use Copyright Copyright Law 98

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

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 68

Trademark Fair Use Registration Branding 68

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

IP Watchdog

JANUARY 22, 2023

Supreme Court granted a petition for writ of certiorari filed by famed whiskey brand owner Jack Daniel’s Properties. Last November, the U.S. The petition filed by Jack Daniel’s appealed the U.S.

Artistic Work 123

Artistic Work Branding Brands Branding 123

TorrentFreak

SEPTEMBER 30, 2021

The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. These include misuse of copyright, fair use, unclean hands, and excessive damages. In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. Fifteen in total.

Copyright 131

Copyright Settlement Litigation Fair Use 131

Patently-O

JULY 19, 2023

And, that person’s brand is their name, image, and likeness. Obviously, key policy questions remain: Should protections apply only to famous personalities or to anyone whose NIL is used for commercial gain? How should we balance free speech, parody, and fair use concerns?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

FEBRUARY 18, 2022

There are other things, like the shape of wine/port/chianti bottles, that also are informational as to what sort of wine is inside the bottle and not what brand of wine it is. Lemon/lime squirt bottles indicate product and not brand. Branded products deliver a lot of information, and not all information is about source.

Trademark 59

Trademark False Advertising Fair Use Branding 59