43(B)log

JULY 3, 2023

Industria has never had a registration for Ranchera; its application was opposed by an unrelated third party and has been suspended; a prior registration for Zenú was cancelled and Industria never sold any Zenú or Ranchera products in the United States when it owned that registered trademark. Summary judgment for Latinfood.

False Advertising 59

False Advertising Advertising Advertising Registration 59

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. For modern designers, this may be both a blessing and a curse. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

NOVEMBER 17, 2021

Kaira has registered the AMUL trademark in Canada for use in association with milk products. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

MARCH 31, 2023

Copyright ownership: At this stage, the court accepted as true the allegation that Darger did not gift his works to the Lerners. E waits decades until A is dead; and then E publishes it under a purported grant from A, there is scant reason to credit the necessary ingredient of A’s intent to convey copyright ownership.”

Ownership 59

Ownership Art Copyright Registering Trademarks 59

43(B)log

SEPTEMBER 11, 2023

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.

Advertising 69

Advertising Advertising Marketing Marketing 69

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