The TTABlog

JUNE 22, 2023

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). These defensive trademark doctrines, however, are narrow and often vary by jurisdiction.

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Trademark Trademark Law Fair Use Blogging 52

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.

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Art Fair Use Intellectual Property Licensing 79

The IP Law Blog

DECEMBER 29, 2023

3: What Now for Fair Use After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. As we look back, we want to share The Briefing’s most popular episodes in 2023. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

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False Advertising Intellectual Property Fair Use Music 62

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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Fair Use Trademark Trademark Law Copyright 52

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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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 99

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.

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IP Fair Use Trademark Law Litigation 67

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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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. Besides, even if a rightsholder did decide to target such home uses (which would likely be against their self-interest), it is almost certain that it would be found to be a fair use.

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Trademark Copyright Cease and Desist Copying 246

IPilogue

SEPTEMBER 9, 2022

By adopting the unique narrative structure of its books and using the specific phrase “Choose Your Own Adventure Book,” Chooseco accused Netflix of willfully infringing its trademark and ultimately tarnishing the series’ child-friendly reputation. Photo retrieved from Tubefilter.

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Trademark Public Domain Television Fair Use 106

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

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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Fair Use Blogging Trademark Trademark Law 52

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.

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Branding Brands Branding Fair Use 57

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.

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Trademark Contracts Blogging Fair Use 94

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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False Advertising Fair Use Advertising Advertising 59

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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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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

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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Trademark Fair Use Registration Branding 69

The IPKat

JULY 22, 2021

The ability to protect cultural works as trademarks disrupts these goals, by affording trademark owners more communication power than other speakers and preventing works from ever entering the public domain. At this stage, the picture for cultural follow-on innovation appears bleak. However, all this is just nit-picking.

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Trademark Public Domain Copyright Cease and Desist 57

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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Trademark Fair Use Designs Design 52

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

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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Trademark Trademark Law Registration Fair Use 59

Traverse Legal Blog

OCTOBER 20, 2022

Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? What is a Fair Use Defense to a Copyright Infringement Claim?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Copyright Lately

AUGUST 2, 2022

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

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Music Derivative Work Fair Use Cease and Desist 104

IP Intelligence

JUNE 14, 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 40

Trademark Fair Use Designs Design 40

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

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. THE DOCTRINE OF FAIR USE. the effect of the use on the copyrighted work’s potential market for or value. Koons , 817 F.

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Fair Use Copyright Television Copying 64

IPilogue

OCTOBER 28, 2021

District Court for the Eastern District of New York ruled that the parodical and satirical use of Fun World’s copyrighted “Ghost Face” mask was permitted under the fair use doctrine. Scary Issues with Licensing and Trademarks. More recently, on September 27, the U.S. It appears in the U.S.,

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Intellectual Property Designs Design Copyright 116

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

Trademark and Copyright Law Blog

JULY 9, 2020

It is difficult to imagine why any competitor would want to use “Booking.com” in other contexts, when doing so would only send consumers to Booking.com’s website and would thus thwart the competitor’s attempt to capitalize on Booking.com’s goodwill.

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Trademark Registration Trademark Law Fair Use 93

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. None of those were branding uses. They had lots of other dog toys with other jokes.

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Trademark Fair Use Registration False Advertising 59

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law.

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Design Patent Patent Infringement Designs Design 70

SpicyIP

MARCH 10, 2023

Unlike trademark law, the concept of honest and concurrent use does not exist in copyright law, and it cannot, as no two people can come up with the same exact play or book!

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Copyright Copyright Law Ownership Copyright Infringement 105

SpicyIP

NOVEMBER 17, 2023

Course Schedule Day Time (IST) Sessions Topics From To Day 1 9:30 AM 11:00 AM Introduction to Intellectual Property Rights for Entrepreneurs Significance of IPR for entrepreneurs Types of IPR relevant to start-ups 11:10 AM 12:40 PM Patents Patent for entrepreneurs Patent application & prosecution for start-ups 12:40 PM 1:30 PM Lunch 1:30 PM 3:00 (..)

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Intellectual Property Technology IP Law 105

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Thus, it may not even be descriptive fair use to use the name of the religion from which the dissenters have parted. The 9th Circuit in Bosley v.

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Trademark Law Trademark Art Branding 72