Remove Copying Remove Designs Remove False Advertising Remove Registering Trademarks
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rebinding books doesn't create derivative works but may be actionable under Lanham Act

43(B)log

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Was this literally false?

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark.

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Coach narrowly alleges grounds for cancellation of similar marks

43(B)log

Significantly, even intentional copying of a plaintiff’s trademark does not, standing alone, state a misrepresentation claim.” Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y. The complaint did “narrowly” state a claim. and [the] Coach” brand.

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Federal Court of Canada Issues Default Judgment to Stop Online Infringement

LexBlog IP

Kaira has registered the AMUL trademark in Canada for use in association with milk products. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

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Intellectual Property Rights for Social Media Influencers

IIPRD

For modern designers, this may be both a blessing and a curse. There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. False advertising should be avoided when defaming a product. Obtain legal ownership verification.

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Italy's #1 Brand of Pasta plausibly communicates geographic origin despite Barilla's argument it's just a TM

43(B)log

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

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(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

43(B)log

Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” His illustrations have also been featured in books, teaching materials, commercials, films, and museums around the world.