Erik K Pelton

DECEMBER 20, 2022

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

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. The order was temporarily stayed pending full authentication of the Colombian registrations. Industria De Alimentos Zenu S.A.S. Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

OCTOBER 31, 2022

25, 2022) Logan alleged that Facebook’s embedding tool enables third parties to infringe his copyrighted photos uploaded onto his Facebook account by embedding them to third-party websites and allowing embedding on Facebook from other websites, creating both direct and secondary liability. Meta Platforms, Inc., 2022 WL 14813836, No.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.] 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

DECEMBER 16, 2022

12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Tracy Anderson Mind & Body, LLC v. Roup, 2022 WL 17670418, No.

Marketing 59

Marketing Marketing False Advertising Contracts 59

43(B)log

APRIL 29, 2024

Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation. After dealing with jurisdiction/proof of service, the court dismissed the copyright infringement claim because no registration had yet been received.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

OCTOBER 4, 2021

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

False Advertising 59

False Advertising Artwork IP Advertising 59

BYU Copyright Blog

OCTOBER 11, 2021

However, Columbia claims that the Encyclopaedia has always been a Columbia project that has been administered by its Center for Iranian Studies (of which Yarshater was the director for over 30 years), and that Columbia controls the associated copyrights and trademarks.

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

43(B)log

SEPTEMBER 5, 2023

Core-Brace alleged both false advertising and false association from the statements in the design manual and related documents. I don't know on what statements, since the court rejected the Lanham Act false advertising claims (and see just next for even more weirdness). So it could go to trial.

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

JANUARY 13, 2023

Five 18 is a direct competitor of Wolf that allegedly copied its designs and stole its customers in violation of copyright law and the Lanham Act, and engaged in tortious interference and unfair competition. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned.

False Advertising 72

False Advertising Advertising Advertising Registration 72

43(B)log

AUGUST 3, 2023

So too w/false advertising. Grief trolls—sending a person messages from deceased loved ones would be IIED; copyright can handle performances, collective bargaining can handle digital models in Hollywood. Assumptions skipped over in TM/false advertising analysis.] Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

SpicyIP

OCTOBER 27, 2023

Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Also, product shots have been a constant source of copyright litigation. Provide “reasonably accessible electronic means by which a registrant and consumer can notify the platform of suspected use of a counterfeit mark.” Any error on country-of-origin disclosures sets up the third-party sellers for false advertising claims.

Trademark 136

Trademark False Advertising Advertising Advertising 136

IIPRD

AUGUST 4, 2022

One of the most significant methods to safeguard material on social media is through copyright. The reason for this is that copyright encompasses all types of original literary, artistic, musical, theatrical, cinematographic, and other works. Even a tweet is protected as a literary work under copyright. Trademarks. Conclusion.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

NOVEMBER 17, 2021

collectively, “ Kaira ”) commenced an action alleging passing off, trademark infringement, depreciation of goodwill and copyright infringement by, Amul Canada, Mohit Rana, Akash Ghosh, Chandu Das, And Patel Patel (collectively, the “ Defendants ”). Background. Kaira produces milk products. Disposition.

False Advertising 40

False Advertising Social Media Trademark Branding 40

The TTABlog

MAY 8, 2023

Unsurprisingly, the Board dismissed Professor Rebecca Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures, finding that Curtin, as a mere consumer of fairytale-themed products, failed to prove her entitlement to a statutory cause of action. The Board said no. Rebecca Curtin v, United Trademark Holdings, Inc.

Registration 40

Registration False Advertising Trademark Business 40

SpicyIP

SEPTEMBER 20, 2021

Tracing the Contours of Copyrightability of ‘Unique Sports Celebrations’. In this guest post , Kedar analyses the copyrightability of unique sports celebrations. Further details, including the link for registration, are provided in the post here. The deadline for registration for the webinar is September 20, 2021.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Trademark and Copyright Law Blog

APRIL 7, 2020

What most opportunistic trademark filers don’t appreciate – usually because they haven’t consulted with trademark counsel – is that trademarks have certain baseline eligibility requirements for registration. Copyright Office might not register this one, though that’s…quite a drawing. Even the U.S. COVID-19 VAX , for vaccines.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

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

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

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.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Highlights that Chamberlain and other cases are about personal property versus 1201’s use of copyright.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

IP 94

IP Trademark Advertising Advertising 94