LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. It is no surprise that the legalities of the public domain are more complicated than the headlines suggest. Trademark law has something to say about use.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection. The guiding norm in trademark law stipulates that a name or surname lacks eligibility for protection unless it carries distinctive characteristics.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

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.

Fair Use 52

Fair Use Trademark Copyright Editing 52

SpicyIP

JANUARY 2, 2022

This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registered trademark. Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement.

IP 143

IP Intellectual Property Copyright Trademark 143

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

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

Registration 74

Registration Trademark Blogging Law 74