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Alleging sponsorship/endorsement confusion can't defeat clear nominative fair use

43(B)log

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. Under these agreements, PTRA is the exclusive owner of the Rose Bowl Game trademark and owns the mark for use in connection with the annual game.

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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use.

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WIPIP session 4: ™ & Consumers

43(B)log

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Dougies for diapers.

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lawyer doesn't make use in commerce by negotiating for client

43(B)log

She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. False advertising: “That Ms. This was a contract dispute, not a Yu problem.

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WIPIP session 5: Anti-Circumvention

43(B)log

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. voluntariness seems like a problem here] Doing this without privity means that even if it could all be done w/contract, 1201 goes beyond what contract could have done. Cablevision.

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IPSC Opening Plenary Session

43(B)log

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

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USC IP year in review, TM/ROP

43(B)log

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act.

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