43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” But what is TM use? Then, in Lexmark v. of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. UDRP: context gets considered.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Axon sued for infringement of the Taser word and design marks and for holding Taser-related domain names for ransom. Likely confusion: Obviously, this is a nominative use.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 25, 2023

These surveys are now designed to suppress that uncertainty and not let it appear in the courtroom b/c we just want numbers. Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard).

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 52

Social Media Fair Use Advertising Advertising 52

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. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. 18, 2021), held functional the defendant’s informational use of colored mixing tips for dental equipment to show which mixing tip should be used with which materials.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 24, 2023

Be willing to let go of shorthands: LOC is probably not a useful concept for what TM is actually doing now; so too with distinctiveness and source identification in a world of licensing and outsourcing and merchandising. Courts get outpaced by market. But the test doesn’t say 1A every time; you just use the test.

Trademark 69

Trademark False Advertising Fair Use Branding 69