43(B)log

AUGUST 16, 2021

There was no controversy as to whether Pasadena had an “ownership” interest in the relevant trademarks. Pasadena said this was (1) nominative fair use and (2) an expressive work protected by the First Amendment. The Instagram post was before the court and was NFU.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use.

Copying 94

Copying False Advertising Social Media Advertising 94

IPilogue

JUNE 21, 2022

This case has the potential to define the scope of trademark rights against unauthorized uses in the world of NFTs. NFTs are unique digital assets that are digital representations of ownership of real-world items. The Nike Suit. Recent Developments. This distinction may be StockX’s attempt to distinguish themselves from Hermès Int’l v.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

43(B)log

FEBRUARY 18, 2022

A: False advertising context: FTC/state AGs. But using yellow for a saccharin packet might be false advertising, b/c it would communicate the presence of sucralose rather than saccharin. Ives introduced the idea of functional color but didn’t give us a full definition. Might also be a third type of fair use.

Trademark 59

Trademark False Advertising Fair Use Branding 59

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

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. It then sued the City for this Instagram post, alleging that it would cause confusion about affiliation or sponsorship.

IP 94

IP Trademark Advertising Advertising 94

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124