Remove Copyright Remove Fair Use Remove False Advertising Remove Registration
article thumbnail

using competitor's images in comparative advertising is fair use even when appearance isn't being compared

43(B)log

24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The parties had other disputes, including accusing each other of posting false reviews of the other.

article thumbnail

TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

It has more than 400 commercial customers, including global enterprises such as Walmart, Comcast, Cisco, and eBay, and also does substantial business with government agencies, including US agencies. It has trademark registrations for the word mark “NEO4J.” Plaintiffs’ motion for summary judgment on the trademark claims was granted.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Top Trademark Trends of 2022

Erik K Pelton

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130
article thumbnail

Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

43(B)log

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

article thumbnail

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

article thumbnail

WIPIP session 5: Anti-Circumvention

43(B)log

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. A: Chamberlain highlights that these are abuses, but you have conflicting precedent w/Blizzard and the Copyright Office saying no, 1201 is absolutely supposed to cover these situations.

Privacy 59
article thumbnail

A Look Back at India’s Top IP Developments of 2023

SpicyIP

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Thus clarifying that copyright in the screenplay exists independently of the copyright in the film. HarperCollins Publishers India Pvt. the licensee. Hari Shankar.

IP 124