IP Tech Blog

NOVEMBER 30, 2022

AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. That news splashed a bit of cold water on Punchbowl’s apparent expansion of fair use defenses heralded above. Thus, Punchbowl ’s true impact on trademark law will likely be delayed until resolution of Jack Daniel’s.

Branding 57

Branding Brands Branding Fair Use 57

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). .'” ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). The trademark registrations discourage that outcome.

Trademark 109

Trademark Fair Use Registration Licensing 109

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. The more arbitrary the numeral trademark is, the stronger protection it receives.

Trademark 69

Trademark Fair Use Registration Branding 69

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. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 59

Trademark Fair Use Registration False Advertising 59

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

LexBlog IP

NOVEMBER 30, 2022

AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. That news splashed a bit of cold water on Punchbowl’s apparent expansion of fair use defenses heralded above. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises.

Branding 52

Branding Brands Branding Fair Use 52

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.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. And, that person’s brand is their name, image, and likeness.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Trademark and Copyright Law Blog

JULY 9, 2020

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. Yes, Booking.com can now obtain a federal trademark registration and can use the ® symbol with its mark.

Trademark 93

Trademark Registration Trademark Law Fair Use 93

IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. 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 52

Trademark Registration Registering Trademarks Advertising 52

IP and Legal Filings

OCTOBER 31, 2023

However, using a generic term as a trademark is a tricky play, SUN is a good example of an arbitrary trademark reason being as it is used for computer products and its extensive use has acquired distinctiveness. Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1).

Trademark 59

Trademark Trademark Law Registration Fair Use 59

IPilogue

OCTOBER 28, 2021

Another exception, section 64(3)(b), states that copyright infringement may still be found when reproducing an article that contains “a trademark or a representation thereof or a label.” This explains why retailers cannot use logos like the Star Wars logo on their unlicensed costumes. Scary Issues with Licensing and Trademarks.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

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

This liberty to benefit from one’s intellectual creation gives rise to a bundle of rights related to intellectual property, including, Patents, Copyrights, Trademarks, Geographical Indications, among others. The course is being supported by Texas A&M University School of Law.

Intellectual Property 105

Intellectual Property Technology IP Law 105

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. On their face, both the design patent and trademark infringement tests invoke principles of confusion.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

43(B)log

FEBRUARY 19, 2022

At least in its “explicit falsity” prong, though, Rogers tailors potential liability for noncommercial speakers more closely to classic fraud, excluding most noncommercial speech from trademark liability. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. But there are several remaining problems.

Trademark Law 72

Trademark Law Trademark Art Branding 72

LexBlog IP

JUNE 20, 2023

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns. S. _ (2023) (hereinafter “Slip Op.”).

Trademark 40

Trademark Designs Design Fair Use 40

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

Trademark 74

Trademark Registering Trademarks Trademark Law Branding 74

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

Traverse Legal Blog

OCTOBER 20, 2022

Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? What is a Fair Use Defense to a Copyright Infringement Claim?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 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 87

Music Copyright Copying Copyright Law 87

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. types of use that might infringe? Past issues like TM use and failure to function may appear in a new light through the lens of ornamentality. Ornamental use may help to maintain rights even if core uses cease.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. First, the court got the law wrong by misstating the holding in the Supreme Court’s recent decision in Jack Daniel’s.

Blogging 111

Blogging Trademark Branding Brands 111

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. In that case, the trademark owner claimed that Google committed theft/conversion by selling its trademark for keyword advertising purposes. Wells Fargo v. Implications.

Licensing 88

Licensing Copyright Contracts Advertising 88

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

43(B)log

MAY 22, 2023

Anyway, “recognizability thus serves the purposes of trademark law in the false endorsement context.” Plaintiffs had “varying levels of success and visibility in their modeling careers.” Several had appeared in magazines, advertising campaigns, television episodes, and films. Some limits on the Polaroid spectrum!

Social Media 49

Social Media False Advertising Advertising Advertising 49

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 ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 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

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès is embroiled in constant legal battles defending the Birkin against trademark infringement and passing-off. Trademark Protection in the Metaverse .

Cease and Desist 105

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

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

IP 124

IP Copyright Trademark Intellectual Property 124

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

Technology & Marketing Law Blog

JUNE 21, 2023

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.] VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. 1114(1) or 15 U.S.C.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100