Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. The freedom of authors to use trademarks in their works could be stifled by the threat of litigation.

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Patently-O

JULY 19, 2023

have long been a mix of state common law rights and federal statutory rights. Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016.

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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.

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The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. 3: What Now for Fair Use After Warhol v. As we look back, we want to share The Briefing’s most popular episodes in 2023.

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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.

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Copyright Trademark Fair Use Contracts 97

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. C) Any non-commercial use of a mark.

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The TTABlog

JUNE 22, 2023

Professor Christine Haight Farley of American University - Washington College of Law, and Professor Lisa P. Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023).

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IPilogue

MARCH 2, 2022

Is this Fair Use? Several barriers may preclude Rothschild from successfully claiming fair use. His extensive use of Hermès’s trademarks — i.e., the name “MetaBirkin,” the metabirkins.com domain, the hashtags #MetaBirkins and #NotYourMothersBirkin — is likely commercial in nature, which conflicts with fair use claims.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

The trademark registrations discourage that outcome. Otherwise, “emoji” is at most descriptive of the goods in question, so there should be an air-tight descriptive fair use defense. The court says: Fair use, however, is an affirmative defense, and none of the defaulting Defendants have appeared to assert it.

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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.

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IPilogue

DECEMBER 13, 2022

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek.

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Art Fair Use Intellectual Property Licensing 79

IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

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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.

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Trademark Registering Trademarks Trademark Law Branding 75

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.

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Fair Use Cease and Desist Copyright Trademark 98

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. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes. Bottom Line.

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Patently-O

FEBRUARY 3, 2023

Taamneh (Can Twitter be held liable for providing a service that aids and abets terrorism, despite its substantial non-violative uses). Hetronic (Extraterritorial application of US Trademark Law — damages from foreign sales). March 21 – Abitron v. March 22 – Jack Daniels v. April 24 – Dupree v.

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Dear Rich IP Blog

NOVEMBER 17, 2020

Could "fair use" be applied if our fundraising teams name themselves after clearly trademarked team names like NBA teams or NCAA teams. We’d recommend against using the names of basketball teams for fundraising purposes. Why not fair use?

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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).

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Fair Use Trademark Cease and Desist Designs 130

Technology & Marketing Law Blog

MARCH 4, 2022

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law. This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) These laws can also protect consumers against deception regarding a product’s source.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. After Vans , the critical question is whether a defendant has made a trademark use.

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IPilogue

SEPTEMBER 9, 2022

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. According to The Wrap , AMC Networks and Sony Pictures, the production companies behind Better Call Saul , are being sued for trademark and trade dress infringement by Liberty Tax. How similar is too similar?

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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.

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Copyright Trademark Fair Use Contracts 52

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Allegedly, Facebook and Instagram refused the takedown demands because the trademark violations weren’t obvious. Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. This ruling highlights the legal risk. Meta Platforms, Inc.

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Trademark Contracts Blogging Fair Use 93

Likelihood of Confusion

OCTOBER 9, 2021

I took some heat a little while ago for suggesting, contrary to my generally skeptical view of what constitutes trademark. The post Second Circuit and the whole of the law on confusion appeared first on LIKELIHOOD OF CONFUSION™. Though I hardly can.

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Law Trademark Fair Use Trademark Law 52

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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IP and Legal Filings

JUNE 26, 2023

Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities. However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion.

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IP and Legal Filings

OCTOBER 31, 2023

In the United States as well, trademark laws prohibit the trademarking of generic terms because it would give someone a monopoly on a product. Image Sources: Shutterstock] Brief background Booking.com is a website for booking travel and lodging services that has been using the domain name “Booking.com” since 2006.Company

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SpicyIP

NOVEMBER 17, 2023

The course is supported by Texas A&M University School of Law and will be delivered in-person at the Centre for Technology and Law, Dhirubhai Ambani Institute of Information and Communication Technology (DA-IICT), Gandhinagar on November 22 and 23. The course is being supported by Texas A&M University School of Law.

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IP Tech Blog

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. AJ Press LLC , Case No. 21-55881, in the U.S.

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Branding Brands Branding Fair Use 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.

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Branding Brands Branding Trademark 52

Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Queen of Christmas.

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43(B)log

SEPTEMBER 7, 2021

Yu rejoined that she was, in fact, Londra’s counsel, and using his name was “classical fair use” (that is, descriptive fair use) because “she is not using the name Paulo Londra in the trademark sense, but only to identify her client and describe his relationship to her.”

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Likelihood of Confusion

APRIL 17, 2022

More pain, very little gain — besides for lawyers’ college funds — in the roiling world of trademark fair use. The post Unfair use appeared first on LIKELIHOOD OF CONFUSION™. Originally posted 2012-09-10 06:00:30. Republished by Blog Post Promoter.

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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.”

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Trademark Cease and Desist Fair Use Branding 52

IPilogue

OCTOBER 28, 2021

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. But why do many retailers resort to using these creative names? In general, any clothing, including costumes, is not protected by copyright laws. Scary Issues with Licensing and Trademarks. Happy spooky season!

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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.

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IP Intelligence

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.

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