Remove Cease and Desist Remove Designs Remove Fair Use Remove Trademark
article thumbnail

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . Trademark and Halloween Costumes.

Trademark 242
article thumbnail

Trademark Infringement in the Digital Age

IP and Legal Filings

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark 130
article thumbnail

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

Intellectual Property Law Blog

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
article thumbnail

Paramount Files Case with the Copyright Claims Board

Plagiarism Today

However, before the event happened, Paramount learned of the event and sent a cease and desist letter to JMC requesting that they cease the event. This, in turn, raises questions of fair use and those types of cases are often long, drawn out, expensive and difficult to predict. They do so semi-regularly.

Copyright 252
article thumbnail

Jack Daniels Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark Infringement Case Over Dog Toys

LexBlog IP

The case arose from Jack Daniel’s complaint about VIP’s sale of a dog toy designed to resemble a bottle of Jack Daniel’s whiskey. As shown below, there is no question that the VIP bottle is designed to resemble the Jack Daniels bottle, although several of the notable components are modified for comedic purposes.

article thumbnail

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

The Television Academies sued Goodman for copyright infringement, trademark infringement and dilution, and defamation. Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. Trademark Dilution.

Fair Use 129