Plagiarism Today

OCTOBER 26, 2021

Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

SpicyIP

AUGUST 30, 2021

and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

IP and Legal Filings

MARCH 5, 2024

The registration and management of trademarks was another essential component. The core tenets of trademark law—preserving brand integrity and preventing consumer confusion—resisted the infringing strategies that evolved with digitalization.

Trademark 86

Trademark Social Media Advertising Advertising 86

43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Kashishipr

OCTOBER 27, 2021

However, even an author’s original work may be caught up by the fair use doctrine when utilized by some other person without prior authorization. It was regarded as being fair and permissible by the court of law. The author needs to prove that the work is an original work of authorship fixed in a tangible medium.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

JIPEL Copyright Blog

MARCH 16, 2022

This is a bigger concern in countries where there is no “commercial use” requirement for registering a trademark, but this is nothing new for brands’ legal counsels who are already prepared to handle such cases, especially if the brand is already titleholder of similar trademark registrations in the same or similar classes.

Trademark 40

Trademark Non-Fungible Tokens Branding Brands 40

Technology & Marketing Law Blog

JUNE 21, 2023

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress. Redbubble, Inc. , Youngs Drug Products.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Corsearch

FEBRUARY 15, 2024

Register your trademarks Ensure your brand name, logo, and other key elements are registered trademarks. Implement social media guidelines Develop and communicate clear guidelines for the use of your brand on X/ Twitter. What can you do to protect your brand on X/ Twitter?

Branding 59

Branding Brands Branding Social Media 59

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). ”; see also ILN Today, July 15, 2021.

Trademark 52

Trademark Registration Music Intellectual Property 52

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. What about fragmented literal similarity based on use of clips from the 2001 Documentary (no clips from the 2003 Documentary were allegedly used)? Trademark etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Kashishipr

JUNE 9, 2021

The court agreed that the defense of fair use might be available in a given case to an individual user; however, the “activities of Wynk can never be termed as ‘private’ or ‘personal use’ or research,” and that it is selling/commercially renting the sound recordings.

Music 98

Music Licensing Television Copyright Infringement 98

43(B)log

NOVEMBER 8, 2023

In Jack Daniels, the Court claimed that the likely confusion test “does enough work to account for the interest in free expression” in the context of trademark uses. The Court seems likely to uphold the prohibition on registering TRUMP TOO SMALL without Trump’s consent, even though the use isn’t confusing.

False Advertising 75

False Advertising Advertising Advertising Trademark 75