IP and Legal Filings

MARCH 5, 2024

Trademarks are becoming even more significant assets for companies trying to stand out in a competitive market due to the growth of online platforms and e-commerce. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

Trademark 86

Trademark Social Media Advertising Advertising 86

Patently-O

JULY 19, 2023

by Dennis Crouch Intellectual property rights in the U.S. have long been a mix of state common law rights and federal statutory rights. Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Technology & Marketing Law Blog

OCTOBER 17, 2022

finds the nature of Plaintiff’s trademark to be relevant to the willfulness inquiry, as it raises the concern that many persons might innocently use the word “emoji” in commerce without awareness of Plaintiff’s intellectual property rights. The trademark registrations discourage that outcome.

Trademark 110

Trademark Fair Use Registration Licensing 110

IPilogue

DECEMBER 13, 2022

The question of whether Warhol’s Prince silkscreens may be considered fair use has now made its way up to the US Supreme Court, and on October 12th of this year, oral arguments were heard from both sides.

Art 79

Art Fair Use Intellectual Property Licensing 79

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

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. Intellectual Property Trouble from Costumes. For the most part, these issues of copyright and trademark are only really relevant to those that make and sell costumes.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

Intellectual Property Law Blog

JUNE 16, 2023

2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. The District Court also held that the fair use exclusion for parodies under the Lanham Act’s dilution provision did not apply where the use at issue does not serve as “a designation of source for the [alleged diluter’s] own goods.” 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

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.] Source-identifying uses of marks.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

LexBlog IP

AUGUST 1, 2023

Supreme Court in June issued a decision involving trademark law. Jack Daniel’s brought trademark infringement claims against VIP Products, a company that produces a “Bad Spaniels” line of dog toys. VIP Products just won’t be able to rely on nominative fair use to protect against those infringement claims.

Fair Use 40

Fair Use Artistic Work Trademark Trademark Law 40

Copyright Lately

AUGUST 2, 2022

Netflix’s reaction to “The Unofficial Bridgerton Musical” was hailed by the fan fiction community, a group which has historically faced a tenuous relationship with the owners of the intellectual property that serves as inspiration for their work. We didn’t ask for permission to use their intellectual property.”.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

SpicyIP

JANUARY 20, 2024

From one of the recommendations of this meeting emerged the “International Association for the Advancement of Teaching and Research in Intellectual Property” aka ATRIP in 1981. In this symposium, Professors Narmada Khodie (then Head, Department of Law, University of Bombay, India) and K. William Cornish (UK), and Prof.

Government 112

Government IP Intellectual Property Reporting 112

LexBlog IP

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Next, we have Abitron Austria GmbH v.

Copyright 52

Copyright Trademark Fair Use Contracts 52

LexBlog IP

JUNE 9, 2023

.” The Court noted that applying Rogers to all matters where there is an expressive element would impermissibly extend Rogers to nearly all facets of life and potentially supplant the purpose of trademark law. ’ And because of this, “trademarks are often expressive, in any number of ways.”

Trademark 52

Trademark Cease and Desist Fair Use Branding 52

LexBlog IP

JUNE 15, 2023

This is because trademarks are often expressive. The Supreme Court ultimately held that in such a situation, trademark law will generally prevail over the First Amendment when another’s trademark (or a confusingly similar mark) is used without permission for source identification.

Trademark 52

Trademark Fair Use Designs Design 52

LexBlog IP

JUNE 16, 2023

2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. The District Court also held that the fair use exclusion for parodies under the Lanham Act’s dilution provision did not apply where the use at issue does not serve as “a designation of source for the [alleged diluter’s] own goods.”

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. The District Court also held that the fair use exclusion for parodies under the Lanham Act’s dilution provision did not apply where the use at issue does not serve as “a designation of source for the [alleged diluter’s] own goods.”

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

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. a consumer packaged goods company, in support of the petition. ” ( at 36 ).

Trademark 52

Trademark Intellectual Property Branding Brands 52

LexBlog IP

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment.

Branding 52

Branding Brands Branding Fair Use 52

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

Copyright Lately

MAY 1, 2023

sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. First of all, in terms of copyright, to reiterate our very clearly articulated position.

Music 85

Music Copyright Copying Copyright Law 85

LexBlog IP

SEPTEMBER 29, 2022

European Union Intellectual Property Office , T-668/19. Harley-Davidson also faced potential challenges that the V-Twin engine sound is functional and that, unlike many other trademarked sounds, the V-Twin sound is not always the same. In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg.

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

JUNE 20, 2023

The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. We hold only that it is not ap­propriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark.

Trademark 40

Trademark Designs Design Fair Use 40

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Is the PTO capable of applying First Amendment balancing tests such as transformative use or fair use in routine registration decisions?;

Registration 69

Registration Government Advertising Advertising 69

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

Technology & Marketing Law Blog

OCTOBER 19, 2021

I agree Google can’t unilaterally stick its logos onto a physical retailer’s windows…because THAT WOULD BE REAL PROPERTY TRESPASS. That can’t possibly be right. Implications. As you can see, the court creates a distorted pastiche of the precedent to reach an obviously wrong and wholly counterintuitive outcome.

Licensing 89

Licensing Copyright Contracts Advertising 89

The IP Law Blog

AUGUST 6, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.”. Watch the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online here.

Trademark 52

Trademark Blogging IP Law 52