IPilogue

OCTOBER 28, 2021

In general, any clothing, including costumes, is not protected by copyright laws. In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. Scary Issues with Licensing and Trademarks. DIY Tricks?

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 87

Music Copyright Copying Copyright Law 87

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Traverse Legal Blog

OCTOBER 20, 2022

Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? Can I copy and use a digital asset linked to an NFT?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. THE DOCTRINE OF FAIR USE. the effect of the use on the copyrighted work’s potential market for or value.

Fair Use 63

Fair Use Copyright Television Copying 63

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. And, it is that marketplace meaning that likely serves as the true basis of the long running lawsuit.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

LexBlog IP

JUNE 20, 2023

The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. We hold only that it is not ap­propriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark.

Trademark 40

Trademark Designs Design Fair Use 40

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Could we do something similar in ornamentality?

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

MAY 22, 2023

From 2014-2018, the posts at issue used revealing photos of the plaintiffs against ad copy linked thematically to the visual, e.g., a picture of one plaintiff “in an apparent school uniform that included a short plaid skirt, captioned: ‘Friday Oct 17th SEXY SCHOOL GIRL PARTY! Some limits on the Polaroid spectrum!

Social Media 49

Social Media False Advertising Advertising Advertising 49

Technology & Marketing Law Blog

DECEMBER 11, 2023

Thus, we learn nothing from the Second Circuit about how the new trademark use test should be applied going forward. As the new threshold test for application of Rogers , courts can’t simply assume trademark use based on the close copying of the plaintiff’s goods.

Blogging 111

Blogging Trademark Branding Brands 111

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” ” Wait, what? We need to know more about this license. That can’t possibly be right. Implications.

Licensing 88

Licensing Copyright Contracts Advertising 88

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. 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.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

DECEMBER 30, 2023

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. HULM Entertainment v. Bolt Technology v. First, in Toyota v. Meticulous Market Research Pvt. Acko General Insurance.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? In the fair use calculus? 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)? But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. ” ( at 36 ). VIP Products LLC, is so important ?

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Instead of surveys, can we look at things like Google results or large text databases reflective of use in a particular community?

Trademark 72

Trademark Marketing Marketing Advertising 72