LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. ” She continued: “Parodies can be confusing.

Branding 52

Branding Brands Branding Trademark 52

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 73

Registration Trademark Social Media Design 73

43(B)log

FEBRUARY 23, 2023

The court granted a motion to dismiss on lack of likely confusion. Users can download “dapps” (or decentralized applications) which allow users to design and develop software using the Internet Computer blockchain. 10, 2022) Dfinity alleged that Meta infringed its Dfinity and Rainbow marks in its rebranding.

Design 59

Design Designs Registration Trademark 59

The IPKat

AUGUST 30, 2024

AGA also alleged that the control panels fitted by UKIG to the eControl Cookers infringed the copyright in its design drawing for the control panel of its own electronically controlled AGA Cookers.

Artistic Work 56

Artistic Work Design Designs Marketing 56

43(B)log

AUGUST 26, 2022

Here, there is no dispute that the links are clearly labeled as belonging to Peninsula and there is no likelihood of confusion where the use of trademarks as trigger words is hidden from the consumer.” So there might have been confusion, though the court didn’t explain why there’d be confusion because of the comparison charts.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. With that basic structure, let’s review them and sort out some of the confusing aspects of each. We’ll get back to these statements later.).

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.] 1” therein.

False Advertising 72

False Advertising Ownership Registration Design 72

The IPKat

FEBRUARY 8, 2023

This phenomenon ranges from slight iteration to homage or even slavish copying. This Kat then finds it amusing to try to determine on what basis the fast food company could sue Saint Laurent, if such a dispute where ever to arise. It's not always about being new-new because who is new-new?".

Design 60

Design Designs Law Copyright 60

LexBlog IP

JULY 5, 2023

The Lanham Act applies to persons who, without the consent of the trademark registrant, “use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark. if] such use is likely to cause confusion.” The case is Abitron Austria GmbH v. Hetronic International, Inc. and abroad.

Trademark 52

Trademark Marketing Marketing Contracts 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. With that basic structure, let’s review them and sort out some of the confusing aspects of each. We’ll get back to these statements later.).

Intellectual Property 52

Intellectual Property IP Invention Design 52

The TTABlog

APRIL 5, 2022

The Board observed that the DuPont decision and its progeny have guided it to "consistently show great deference to consent agreements that detail the arrangements to be undertaken to avoid confusion." It is at least difficult to maintain a subjective view that confusion will occur when those directly concerned say it won’t.

Registration 40

Registration Copying Designs Design 40

The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 67

IP Marketing Marketing Reporting 67

LexBlog IP

DECEMBER 14, 2022

how disputes regarding whether goods meet the standards will be decided. how disputes regarding whether goods meet the standards will be decided. how disputes regarding whether goods meet the standards will be decided. Parmesan or Parmigiano Reggiano?

Registration 52

Registration Branding Brands Branding 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. The precise details of what is being appealed is not yet known.

Copyright 57

Copyright Copying Branding Design 57

The IPKat

MARCH 26, 2024

Instead, the judge had carefully evaluated the evidence and decided what assistance, if any, to derive from it, as she was required to do. Lidl, on the other hand, appealed the High Court's finding of bad faith in respect of the Wordless Mark.

Copyright 56

Copyright Copyright Infringement Copying Social Media 56

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

Intepat

MAY 24, 2023

What is the Madrid System? What is a Provisional Refusal under the Madrid System? When an applicant files an international trademark application through the Madrid System, it is subsequently examined by each designated country’s national trademark office.

Registration 52

Registration Trademark Intellectual Property Reporting 52

SpicyIP

FEBRUARY 13, 2023

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!

Design 52

Design Designs Trademark Cease and Desist 52

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. We’ve got everything from smartwatches and chocolate to energy drinks and Louboutins in the 10 cases that follow. Trade mark law shows no signs of standing still.

Registration 73

Registration Advertising Advertising Law 73

Technology & Marketing Law Blog

DECEMBER 11, 2023

by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. MSCHF Prod. Studio, Inc. LEXIS 32063 (2d Cir. 2023), I already had my red grading pen out. The last is a classic Fall semester 1L error that I admonish my students to never make. VIP Prods. , Grimaldi , 875 F.2d

Blogging 107

Blogging Trademark Branding Brands 107

LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co.

Designs 40

Designs Design Registration Copying 40

Technology & Marketing Law Blog

OCTOBER 23, 2024

The rival bought competitive keyword ads (the court uses the term “conquesting,” which I objected to here ) but didn’t include the third-party trademark in the ad copy. 236 incidents that Lerner & Rowe claimed were evidence of actual confusion (less than 0.25% of the total ad exposures).

Trademark 82

Trademark Advertising Advertising False Advertising 82

LexBlog IP

AUGUST 23, 2023

” From ongoing debates about the human element (or requirement) of authorship to debates over what constitutes a transformative work to the gauntlet laid down in footnote 2 of Justice Kagan’s dissent in the Supreme Court’s May 18, 2023 decision in Andy Warhol Foundation for Visual Arts, Inc., In fact, lots is happening.

Copyright 52

Copyright Art Copying Derivative Work 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

Advertising 95

Advertising Advertising Trademark Settlement 95

43(B)log

AUGUST 18, 2021

One defendant’s principal testified that it “specifically tried very hard to differentiate” its products with a disclaimer expressly disavowing any affiliation with SMRI and a separate color scheme on its tags, which SMRI copied. The Composite Design Mark registration specifically acknowledged that it made “no claim.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. What’s in a Name? Anything we are missing out on?

Trademark 45

Trademark Advertising Advertising Copyright 45

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

AUGUST 11, 2023

” While the website formation process succeeds, the following mobile formation screen fails: What went wrong? .” ” While the website formation process succeeds, the following mobile formation screen fails: What went wrong? Another 3k+ word post about the jurisprudential chaos in online contract formation law.

Contracts 68

Contracts Law Reporting Blogging 68

43(B)log

FEBRUARY 25, 2023

You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. Skeptical that it could help w/confusion though. What about ChatGPT? Brain scans for consumers?

Trademark 72

Trademark Marketing Marketing Advertising 72

LexBlog IP

FEBRUARY 1, 2023

Lots of people are talking about ChatGPT. Some are fueling the terror by comparing ChatGPT’s release to the unleashing of the Kraken. ” While, for some, the release of ChatGPT seems accompanied by a dramatic feel, my experience with ChatGPT started with a much more sitcom feel but had an admittedly surprising ending.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

JUNE 24, 2022

For example, embedded within analysis of likely confusion factors? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? May be harder to show likely confusion where there’s no distinctiveness; focus on distinctive components may be part of that.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Courts don’t do really prong one beyond assessing access (not independently assessing copying). Matt Sag: What looks like an increase over time may be an artifact of the way cases became available on WL post-2002 or so. of opinions.

Trademark 72

Trademark Copyright Branding Brands 72

SpicyIP

SEPTEMBER 9, 2024

DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute More than what one wished for? This and a lot more in this week’s SpicyIP Weekly Review. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Other Posts SLP Rejected in Novartis v.

Trademark 85

Trademark Copyright IP Social Media 85

43(B)log

FEBRUARY 19, 2022

Sari Mazzurco, The Law of Social Roles for the Platform Internet Law’s expressive function: how law tells people what social roles various institutions are supposed to carry out. Social roles are fundamental: shorthand that help us understand what behavior is appropriate or inappropriate based on relationship context.

Law 119

Law Branding Brands Branding 119