Technology & Marketing Law Blog

OCTOBER 17, 2022

” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints).

Trademark 113

Trademark Fair Use Registration Licensing 113

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 96

Copyright Derivative Work Artwork Fair Use 96

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

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license. However, commercial use of costumes still raises legal questions. They are part fashion, part artwork, part branding and part character.

Trademark 247

Trademark Copyright Cease and Desist Copying 247

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

IIPRD

JUNE 9, 2024

As in the real world the logos, domain, and brand names of products and services are protected under Trademark, virtual goods, and services can be trademarked in the United States Patent and Trademark Office (USPTO). That may include decentralized content creation platforms, IP registries on a blockchain, and smart contract licensing systems.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

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

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 and Legal Filings

NOVEMBER 11, 2022

In China, certain reasonable or personal use of copyrighted works without permission or remuneration is permitted where the use falls within the scope of fair use. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use. Conclusion.

Copyright 52

Copyright Fair Use Registration Ownership 52

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. It appears in the U.S.,

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

43(B)log

FEBRUARY 18, 2022

Tyler Ochoa: Zombie imagery suggests a mark that is actually dead that nonetheless wants to feast on the living who want to use it—which is the opposite of your argument. 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

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. NFTs are being used in all forms of entertainment, gaming, art and science. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. . Does “Fair Use” Apply to NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

IPilogue

AUGUST 3, 2021

Nintendo owns the game’s brand and composed its music, but licensed the first two Earthbound series soundtracks to Sony for album releases in Japan in 1989 and 1994. Earthbound is an old game though, and nobody seemingly knew Sony’s music license for the Japanese album even existed, until these claims arose.

Copyright 112

Copyright Music Licensing Copying 112

IP and Legal Filings

FEBRUARY 9, 2022

Bluetooth”) owns various trademark registrations which it licenses to other companies to use in promoting a product’s Bluetooth-compatibility. FCA rebutted the presumption with an expert survey showing 82% of respondents believe that BLUETOOTH is a generic term rather than a brand name. Bluetooth SIG, Inc.

Trademark 52

Trademark Licensing Registration Fair Use 52

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. UMG Recordings, Inc. Evox Productions, LLC v.

Copyright 96

Copyright Social Media Copyright Infringement Publishing 96

Copyright Lately

MAY 1, 2023

Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.” By the way, I purposely used the names of individuals in my example to make a point.

Music 85

Music Copyright Copying Copyright Law 85

43(B)log

AUGUST 12, 2021

IP derives much of its value from opportunity to license, so it often makes sense to think of reasonable royalty as a cognizable harm. By contrast, elsewhere it might not make as much sense to think of the problem as a lost opportunity to license, e.g., the listing of someone as a terrorist.

IP 90

IP Licensing Law Reporting 90

43(B)log

FEBRUARY 16, 2024

Another possibility: limit “TM use” to situations where D would have plausible claim to TM rights if asserting them, as happened with VIP/Bad Spaniels. Punchbowl News/Hog Farm cases seem like branding uses—establishing independent identity under the mark. If it can’t be used that way, lots of Ds will roll over rather than fight.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 92

Licensing Copyright Contracts Advertising 92

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. The problem is how do you license all the copyrighted images/information available on the web? The problem is how do you license all the copyrighted images/information available on the web? private or personal use).

IP 129

IP Licensing Fair Use Moral Rights 129

IIPRD

FEBRUARY 25, 2022

Moreover, the abundance of tokenisation has even led to the minting of patents as NFTs even though there is no clear provision about the change in ownership, royalties, and related licenses. However, the issues of trademark infringement and fair use are fended off under the garb of interpretation and protection of art.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? In the meantime, the lines are still blurry between creative freedom, artistic value, fair use, ownership, marketplace competition, and commercialism in the digital age—at least with respect to NFTs.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Plagiarism Today

OCTOBER 19, 2022

github copilot, with "public code" blocked, emits large chunks of my copyrighted code, with no attribution, no LGPL license. According to Davis, he used the prompt “sparse matrix transpose, cs_” only to have Copilot produce code very similar to his earlier, open-source work. My code on left, github on right.

Licensing 231

Licensing Copying Fair Use Litigation 231

43(B)log

MAY 22, 2023

Technically, one could now argue that the nominative fair use factors should be considered in every Second Circuit case, at least where raised by the defendant, but that seems useless and perhaps misdirective where it’s the other factors that are really more relevant.

Social Media 49

Social Media False Advertising Advertising Advertising 49

IP Close Up

MARCH 21, 2023

When it comes to declining respect for intellectual property rights inventors and content creators, such as photographers, musicians and writers, as well as some trademark Continue reading

Inventor 80

Inventor Intellectual Property IP Trademark 80

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. 2d 410, 414-415 (SDNY 2002)) that the Supreme Court expressly used to “offer as one last example” of “a case with a striking resemblance” in which the Rogers test was cabined.

Blogging 115

Blogging Trademark Branding Brands 115

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. Assignment in gross seems anachronistic given the development of licensing. If I have a shoe brand and want to collaborate w/some artists and not others.

Trademark 49

Trademark Branding Brands Branding 49

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Google India Pvt.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

LexBlog IP

APRIL 13, 2022

On August 6, Roc-A-Fella filed an amended complaint, naming GoDigital, a company to which Dash allegedly granted the right to license Reasonable Doubt to certain websites, as a co-defendant. [13] Cronan issued a temporary restraining order against Dash until the final resolution of the action. [9]

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

AUGUST 11, 2022

Now, Bollywood copies Hollywood, but they use licenses—how does that compare? Licensing is also one way to do it [which seems to conflict with the idea that without this you’d get home-grown plots etc.]. Another use: stereotyping or caricaturing: a feminist v. Grynberg: do people use ®? a Feminist ™.

IP 72

IP Copying Marketing Marketing 72

43(B)log

OCTOBER 11, 2021

But “the market for name-brand, artistically produced luxury jewels is surely a discrete subset of that industry.” He used these materials to promote Kings Stone’s black-jade business, and used his PowerPoint similarly. Once that was done, the dissemination was sufficiently broad to qualify as advertising or promotion.

Marketing 59

Marketing Marketing False Advertising Advertising 59

LexBlog IP

NOVEMBER 30, 2022

Varsity Brands , 137 S.Ct. That 2 nd Circuit decision is now before the Supreme Court to decide on how one should best address questions of fair use and transformative works, which the Court had addressed last year in Google v. Oracle , 141 S. ” Id. at 1203 (quoting 4 Nimmer on Copyright § 13.05[A][1][b]). ” Id.

IP 52

IP Intellectual Property Fair Use Trademark 52

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.

IP 124

IP Copyright Trademark Intellectual Property 124

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

43(B)log

FEBRUARY 25, 2023

Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard). There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand.

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

OCTOBER 4, 2021

The court found that this was nominative fair use, which provides a defense in the Ninth Circuit when a trademarked product or service isn’t readily identifable without use of the mark, the use is no greater than necessary, and the defendant does nothing else to suggest confusion. Is this explicitly misleading?

IP 94

IP Trademark Advertising Advertising 94