43(B)log

FEBRUARY 24, 2024

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. Brands can choose to “gate” on Amazon with authorization letters, but how does the consumer know the seller will stick to selling genuine goods?

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

DECEMBER 1, 2022

MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.” Viacom made the Jersey Shore spin-off MTV Floribama Shore. The court of appeals affirms, on Rogers v.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. The court rejected Axon’s argument that LHB could have identified its products by calling them CEWs; they were Taser brand products.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

SpicyIP

DECEMBER 30, 2023

This rejection order passed consequent to a pre-grant opposition was among the many other legal and social campaigns against the high prices at which the drug was made available. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

FEBRUARY 3, 2023

Most obvious formalism to her is set of presumptions and burden shifts that come w/registration. Social media influencers seem reasonably held liable, but what about when the seller is texting friends. Lemley: is/should there be contributory false advertising liability? How do they make that happen?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

IP 94

IP Trademark Advertising Advertising 94