Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. So, what exactly is the trademark owner fighting for here? Porta-Fab and Allied Modular compete in the modular building space, which has an average sales price of $32k. So why did I say the case was stupid?

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Advertising Advertising False Advertising Trademark 102

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.

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Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

Trademark owner lost a jury trial, allegedly because the court’s instructions to the jury about initial interest confusion were not favorable enough to the rightsowner. Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 22-1641 (7th Cir.

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IP Advertising Advertising Copyright 72

azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with.

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Branding Brands Branding Copying 52

The TTABlog

JANUARY 8, 2024

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. For what it's worth, Davidson tried but failed to prove a first use date in 2013. The parties agreed that the marks are confusingly similar.

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Registration Trademark Social Media Designs 73

Technology & Marketing Law Blog

JANUARY 8, 2024

The court doesn’t define what it means by a metatag or establish that “metatags” were the technical mechanism that associated the rival’s products with the trademark owner’s trademark. The trademark owner argued that the customers may have been directed via initial interest confusion to the rival website.

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Trademark Advertising Advertising False Advertising 78

43(B)log

DECEMBER 1, 2022

Another Viacom witness testified that “Floribama” offered “a very distinct sense of what part of the country and subculture that is,” and that, because Florida has “multiple subcultures,” a name like “Florida Shore” would not have sufficiently identified the Gulf Coast setting. Viacom made the Jersey Shore spin-off MTV Floribama Shore.

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Artistic Work Television Trademark Trademark Law 64

43(B)log

FEBRUARY 23, 2023

The court granted a motion to dismiss on lack of likely confusion. 10, 2022) Dfinity alleged that Meta infringed its Dfinity and Rainbow marks in its rebranding. Dfinity is a nonprofit organization that runs the Internet Computer, a public blockchain network. Dfinity sued for federal and state trademark infringement.

Designs 59

Designs Design Registration Trademark 59

The TTABlog

SEPTEMBER 8, 2022

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. For what it's worth, Davidson tried but failed to prove a first use date in 2013. The parties agreed that the marks are confusingly similar.

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Registration Trademark Social Media Copying 95

Patent Trademark Blog

JULY 27, 2021

What are ineffective strategies for persuading trademark examining attorneys? What might help to withdraw a trademark refusal? For example, if you are dealing with a likelihood of confusion refusal, see if multiple registrations owned by different parties exist for similar marks. It depends.

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Trademark Registration Licensing Copying 66

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.

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False Advertising Advertising Advertising Trademark 59

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.

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Trademark Marketing Marketing Contracts 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.

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Registration Copying Designs Design 40

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.

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Copyright Copyright Infringement Copying Social Media 57

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. This has created a market where the distinction between inspiration (homage=good) and copying (theft=bad) is sometimes difficult to apply.

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IP Marketing Marketing Reporting 70

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

43(B)log

JULY 20, 2022

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. 1” therein.

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False Advertising Ownership Registration Designs 72

Art Law Journal

JUNE 30, 2022

With just a basic understanding of each type of Intellectual Property, you’ll be able to determine whether your work can be protected and what you should do to make it happen. With that basic structure, let’s review them and sort out some of the confusing aspects of each. Which Type of Intellectual Property Law Is Right for You.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

The IP Law Blog

DECEMBER 23, 2021

Supporting its tarnishment claim, Jack claims that FTX’s Moon Man is a poorer quality copy or derivation of the Jack in the Box character and that FTX’s use of its Moon Man in advertising has tarnished Jack’s reputation, and/or blurred consumers’ association of Jack’s “Jack” with FTX’s shoddy Moon Man. Jack in the Box is not happy.

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Trademark Advertising Advertising Copying 98

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

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.

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Copyright Copying Branding Brands 60

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?".

Designs 62

Designs Design Law Copyright 62

Art Law Journal

JUNE 30, 2022

With just a basic understanding of each type of Intellectual Property, you’ll be able to determine whether your work can be protected and what you should do to make it happen. With that basic structure, let’s review them and sort out some of the confusing aspects of each. Which Types of IP Law Is Right for You?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Intepat

MAY 24, 2023

What is the Madrid System? What is a Provisional Refusal under the Madrid System? More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. Since then, the Madrid System has expanded and evolved to meet ever-changing business needs.

Registration 52

Registration Trademark Intellectual Property Reporting 52

43(B)log

OCTOBER 25, 2021

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. This is so in part because the plaintiffs and defendants use the competing marks in substantially different settings.”

Artistic Work 59

Artistic Work Social Media Television Trademark 59

LexBlog IP

DECEMBER 23, 2021

Supporting its tarnishment claim, Jack claims that FTX’s Moon Man is a poorer quality copy or derivation of the Jack in the Box character and that FTX’s use of its Moon Man in advertising has tarnished Jack’s reputation, and/or blurred consumers’ association of Jack’s “Jack” with FTX’s shoddy Moon Man.

Trademark 52

Trademark Advertising Advertising Copying 52

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

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Blogging Trademark Branding Brands 111

IPilogue

JANUARY 14, 2022

Copyright Confusion: Sony Upsetting Nintendo YouTubers by Natalie Bravo. Photo by Engin Akyurt ( Unsplash ). This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor). David Vaver.

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IP Copyright Infringement Inventor Intellectual Property 106

The IPKat

MARCH 17, 2022

Okonkwo attended the meeting and now reports on how it went and what should happen next. Here is what Ifeanyi says: Nigeria's quest for its own statute for the protection of Geographical Indications gains momentum by Ifeanyi E. Katfriend, Ifeanyi E. The TWG was given 7 months from August 2021 to draft a sui generis GI law for Nigeria.

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Intellectual Property Registration Government Law 76

LexBlog IP

SEPTEMBER 15, 2022

Here’s what you need to know about where things stand: The problem lies in the fact that NFTs haven’t found their place within the 232-year-old (albeit evolving) framework of the US Copyright Act. NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 6, 2022

The next part debunks some of the myths that have grown up around the hiQ case during the years of judicial confusion it has caused.]. LinkedIn’s User Agreement includes a provision that warns users that public data may be copied and used by others. LinkedIn case. hiQ Labs, Inc. LinkedIn Corp. LinkedIn Corp. The opinion.

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Blogging Contracts Litigation Law 76

The IPKat

JUNE 23, 2022

Darren Meale of Simmons & Simmons presents the eleventh volume in his rundown of notable trade mark cases over the past six months. A bumper crop of candidates presented themselves for inclusion in this volume, these are the 10 that made the cut. The parties were back in court in January for a form of order hearing.

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Branding Brands Branding Litigation 73

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.

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Registration Advertising Advertising Law 76

43(B)log

APRIL 28, 2022

Real USFL, LLC v. Fox Sports, Inc., 2022 WL 1134487, No. CV 22-1350 JFW(MARx) (C.D. 14, 2022) How it started: In 1982, a group of investors launched a springtime professional football league called the United States Football League (“USFL” or “Old League”). Initially launched in 1983, the USFL originally was an upstart spring football league.

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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!

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Designs Design Trademark Cease and Desist 52

SpicyIP

MAY 1, 2023

Essentially, they have argued that copyrighted works should be allowed to be copied for non-expressive uses, such as AI learning to recognise stop signs, self-driving cars or learning how words are sequenced in conversations, but argued that the question of fair use should become tougher when learning is being done to copy expressions.

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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.

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