LexBlog IP

JUNE 9, 2023

The case arose from Jack Daniel’s complaint about VIP’s sale of a dog toy designed to resemble a bottle of Jack Daniel’s whiskey. As shown below, there is no question that the VIP bottle is designed to resemble the Jack Daniels bottle, although several of the notable components are modified for comedic purposes.

Trademark 52

Trademark Cease and Desist Fair Use Branding 52

Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

Fair Use 97

Fair Use Cease and Desist Copyright Trademark 97

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . Copyright and Halloween Costumes.

Trademark 239

Trademark Copyright Cease and Desist Copying 239

Technology & Marketing Law Blog

NOVEMBER 11, 2023

I don’t understand the shirt’s message, but it clearly has a message unrelated to Car-Freshner’s trademark rights. I see potential legitimate trademark defenses for the design. Trademark Claims Car-Freshner submitted trademark takedown notices to Facebook and Instagram over four user-listed items.

Trademark 91

Trademark Contracts Blogging Fair Use 91

IP and Legal Filings

MARCH 5, 2024

Cybersquatting is another type of trademark infringement. Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others.

Trademark 84

Trademark Social Media Advertising Advertising 84

LexBlog IP

JUNE 15, 2023

In fact, the Supreme Court stressed the significance of source identification in the opinion, explaining, “[W]e hold that [ Rogers ] does not [have merit] when an alleged infringer uses a trademark the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.”

Trademark 52

Trademark Fair Use Designs Design 52

IP Intelligence

JUNE 15, 2023

In fact, the Supreme Court stressed the significance of source identification in the opinion, explaining, “[W]e hold that [ Rogers ] does not [have merit] when an alleged infringer uses a trademark the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.”

Trademark 52

Trademark Fair Use Designs Design 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

IP Intelligence

JUNE 14, 2023

In fact, the Supreme Court stressed the significance of source identification in the opinion, explaining, “[W]e hold that [ Rogers ] does not [have merit] when an alleged infringer uses a trademark the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.”

Trademark 40

Trademark Fair Use Designs Design 40

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. But what is TM use? Kagan describes it as “designation of source.” How would you design it?

Trademark 59

Trademark Fair Use Registration False Advertising 59

The IPKat

JULY 22, 2021

The ability to protect cultural works as trademarks disrupts these goals, by affording trademark owners more communication power than other speakers and preventing works from ever entering the public domain. At this stage, the picture for cultural follow-on innovation appears bleak. However, all this is just nit-picking.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

LexBlog IP

MARCH 3, 2023

A trademark can be attacked in a variety of ways, most frequently through arguments that the mark is: Generic, Abandoned for non-use, Misrepresentation to the Trademark Office, and Fair use. 80 (1950) trademark rights were lost because the mark ESCALATOR had become generic and therefore lost its trademark status.

Branding 52

Branding Brands Branding Trademark 52

Likelihood of Confusion

APRIL 5, 2023

Thus, it does not have the requisite degree of distinctiveness to support a finding of dilution, at least vis-à -vis respondent’s use of the term as part of the mark SPAM ARREST for computer software designed to eliminate unsolicited commercial email. The post Hormel canned appeared first on LIKELIHOOD OF CONFUSION™.

Designs 94

Designs Design Trademark Fair Use 94

LexBlog IP

JUNE 20, 2023

Respondent VIP Products makes a squeaky, chewable dog toy designed to look like a bottle of Jack Daniel’s whiskey. The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. Though not entirely. ” And the descriptive phrase “Old No. 2 On Your Tennessee Carpet.”

Trademark 40

Trademark Designs Design Fair Use 40

SpicyIP

NOVEMBER 17, 2023

Neglect of IPR law can lead to unintentional infringement, resulting in costly legal disputes. Nevertheless, awareness about dispute settlement strategies can minimise the economic and legal costs of ignoring IPR law.

Intellectual Property 105

Intellectual Property Technology IP Law 105

SpicyIP

MAY 18, 2022

From a trademark law perspective, however, the decision as to whether or not such a separate classification is necessary will depend on consumer experience with these goods and whether consumers perceive these ‘virtual goods’ as definable and having inherent value.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

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. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices.

Music 87

Music Copyright Copying Copyright Law 87

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Ilanah Simon: In Europe, you can’t use overlap to police boundaries.

Trademark Law 75

Trademark Law Law Trademark Registration 75

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may.

Trademark 72

Trademark Registering Trademarks Trademark Law Branding 72

IPilogue

MARCH 2, 2022

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Is this Fair Use? Hermès’ Action.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

Technology & Marketing Law Blog

OCTOBER 19, 2021

I’m not sure what law prevents Google from placing ads over marketing brochures or print ads OTHER THAN COPYRIGHT LAW (or possibly trademark law–but at this point, what does any of this have to do with IMPLIED-IN-LAW CONTRACTS?). That can’t possibly be right. Implications.

Licensing 88

Licensing Copyright Contracts Advertising 88

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question.

Blogging 111

Blogging Trademark Branding Brands 111

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo. The similarities in setting, theme, etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Patently-O

JUNE 8, 2023

The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” ” Rather in this use-as-a-mark situation, standard principles of trademark law apply. 1125(c)(3)(A).

Trademark Law 67

Trademark Law Trademark Law Fair Use 67

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

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited).

Trademark 52

Trademark Registration Music Intellectual Property 52

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? But there is a defense for nondistinctive use.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. ” ( at 36 ). .” That remains in the realm of the art critic.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Instead of surveys, can we look at things like Google results or large text databases reflective of use in a particular community? Most people are not really sure!

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

NOVEMBER 8, 2023

Trademark: In Jack Daniel’s v. VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 4, 2021

But even if the n-word isn’t unregistrable because it’s scandalous or disparaging, it may still be unregistrable because it already has so much expressive meaning that it’s simply incapable of adding a trademark function. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94