JD Supra Law
NOVEMBER 1, 2023
Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.
LexBlog IP
FEBRUARY 29, 2024
Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. Trademark law has something to say about use.
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IPilogue
SEPTEMBER 9, 2022
The real-life tax company “Liberty Tax” claims that the show copied its logo and style, including the Statue of Liberty, which is a frequent identifier of the company. The entertainment industry is no stranger to trademark infringement issues. Photo retrieved from The Wrap. Photo retrieved from Tubefilter.
Copyright Lately
AUGUST 2, 2022
Unlike trademark law, copyright is not a “use it or lose it” proposition. Copyright owners should be able to defend their works against substantial unauthorized copying used for profit. For now, suffice it to say that Barlow & Bear haven’t exactly dedicated their musical to the public domain.
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. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.
43(B)log
JUNE 24, 2022
RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v. If we want to leave certain matter in the public domain, we need to account for the ability to create de facto secondary meaning.
The IPKat
MARCH 7, 2022
Still the Circular does hold out a ray of hope, noting that- [u]nder certain circumstances, names, titles, or short phrases may be protectable under federal or state trademark laws. Unlike a copyright that has a limited term, a trademark can endure for as long as the trademark is used.
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