LexBlog IP

NOVEMBER 19, 2022

This issue looks at emerging Copyright & Fair Use issues, tools for protecting Trademarks and cybersecurity best practices. November 2022. Check out the November 2022 issue of Ping® by AdlerLaw. Read More Here Read more here: [link].

Fair Use 52

Fair Use Trademark Copyright Intellectual Property 52

JD Supra Law

FEBRUARY 27, 2024

While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely on real life artists’ and authors’ underlying work and claim it as your own? By: Cozen O'Connor

Fair Use 68

Fair Use Trademark Copyright 68

43(B)log

NOVEMBER 15, 2023

It may well be true that nominative fair use often entails just using a word, not a logo, but courts occasionally recognize that there are situations where the logo/trade dress is actually an important means of communicating and should still fall within nominative fair use.

Fair Use 59

Fair Use Social Media Trademark 59

43(B)log

APRIL 28, 2021

I've recently seen two examples of the following phenomenon: off of Amazon, an advertiser uses images of its product with another well-known product, and they do go together, but on Amazon, the advertising is different. Anyone know if there's an Amazon policy driving this?

Fair Use 91

Fair Use Advertising Advertising Trademark 91

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

Fair Use 103

Fair Use Copyright Law Copyright Law 103

The Illusion of More

JULY 5, 2022

A couple of weeks ago, in my post about ghost guns and trademark infringement, I argued that the EFF is wrong to defend the anonymity of the parties who flaunted their alleged infringements on Twitter. The post A Sound First Amendment Decision with an Odd Fair Use Kicker appeared first on The Illusion of More.

Fair Use 85

Fair Use Trademark Law Copyright 85

JD Supra Law

APRIL 21, 2022

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse Nike, Inc.

Non-Fungible Tokens 98

Non-Fungible Tokens Fair Use Intellectual Property Trademark 98

TorrentFreak

AUGUST 20, 2022

What the UFC does have is lots of smart executives, an extraordinarily valuable brand, equally lucrative trademarks, and an extensive copyright-protected back catalog that documents the history of MMA in the United States and beyond. The UFC doesn’t manufacture anything either, at least not in the traditional sense.

Fair Use 109

Fair Use Copyright Licensing Intellectual Property 109

43(B)log

MARCH 10, 2023

14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 2023 WL 2372059, No. 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

JUNE 19, 2023

14, 2023) I’ve been thinking a lot after Jack Daniel’s about the role of common sense in trademark. Judge Leval in scholarship, Trademark: Champion of Free Speech , 27 Colum. & Arts 187 (2004), and the Seventh Circuit in practice, are all about using common sense rather than doctrine to limit the scope of trademark rights.

Fair Use 81

Fair Use Trademark Advertising Advertising 81

LexBlog IP

MARCH 15, 2024

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. ” The court notes that Breitling did not use the term to describe any product that is not made from gold with a red/pink hue, The term was always accompanied by Breitling’s own trademarks.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

LexBlog IP

JANUARY 12, 2024

fair use) must be evident from the face of the complaint. Here, while defendant’s own mark prominently appeared alongside plaintiff’s mark on its packaging, whether this was fair use could not be determined at the 12b6 stage. SDNY: For purposes of a MtD, Defendant’s affirmative defenses (e.g.

Fair Use 52

Fair Use Branding Brands Branding 52

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. Under these agreements, PTRA is the exclusive owner of the Rose Bowl Game trademark and owns the mark for use in connection with the annual game.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

JD Supra Law

FEBRUARY 7, 2024

2023 brought several notable developments in trademark and copyright law, including cases that touched on artificial intelligence and generative AI, copyright fair use, and the extraterritorial application of the Lanham Act. McCormick for our annual Trademark & Copyright Year in Review webinar.

Trademark 70

Trademark Copyright Fair Use Copyright Law 70

43(B)log

APRIL 10, 2023

Join Professor Rebecca Tushnet and Professor Alexandra J. Roberts for a conversation about Jack Daniels v. VIP Products. Register here. Date and time Thursday, April 13 · 4 - 5:30pm EDT Location Northeastern University School of Law 416 Huntington Avenue Boston, MA 02115 [link]

Fair Use 93

Fair Use Trademark Law 93

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. ” That’s true.

Trademark 122

Trademark Fair Use Trademark Law Branding 122

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. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

Trademark 250

Trademark Copyright Cease and Desist Copying 250

43(B)log

MARCH 21, 2024

The court previously denied summary judgment on nominative fair use, treating it as a balancing test: LHB needed to use “Taser” to refer to Axon’s product, but used too much (it was a former distributor), and there were genuine disputes of fact on whether it did anything else to suggest endorsement.

Fair Use 45

Fair Use Advertising Advertising Art 45

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

LexBlog IP

JULY 18, 2023

This time I will be covering fair use for trademarks instead of copyright. Much like copyright, there are exceptions and limits to what protection owning a trademark can provide you, including what is and is not infringement. Fair use in the trademark space breaks down into two categories.

Trademark 52

Trademark Fair Use Branding Brands 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

Trademark 87

Trademark Social Media Advertising Advertising 87

LexBlog IP

AUGUST 2, 2021

Defendant distributed a video that used an image of the EMMY Award statuette holding a COVID-19 virus “as part of a video honoring countries that downplayed the seriousness of the COVID-19 pandemic.” ” No comment. It brought a Anti-SLAPP counterclaim, as well as counterclaims for declaratory judgment and misuse of the DMCA.

Fair Use 52

Fair Use Copyright Infringement Trademark Copyright 52

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Technology & Marketing Law Blog

APRIL 3, 2023

She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. VIP Products says its dog toy parody is expression protected by the First Amendment.

Blogging 104

Blogging Trademark Fair Use Trademark Law 104

IP Watchdog

MARCH 31, 2023

This week in Other Barks & Bites: the Federal Circuit affirms the Patent Trial and Appeal Board’s invalidation of VirnetX patent claims supporting a $502 million verdict against Apple; the U.S.

Fair Use 59

Fair Use Government Publishing Trademark 59

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. The trademark registrations discourage that outcome. ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints).

Trademark 111

Trademark Fair Use Registration Licensing 111

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. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. The case will determine the proper balance between trademark rights and free speech.

Copyright 97

Copyright Trademark Fair Use Contracts 97

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. vs. Sach Industries [iii].

Trademark 70

Trademark Fair Use Registration Branding 70

JD Supra Law

JUNE 29, 2023

Supreme Court, in a unanimous decision, vacated a decision by the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff’s trademark. By: Moritt Hock & Hamroff LLP

Trademark 52

Trademark Artistic Work Fair Use 52

IPilogue

SEPTEMBER 9, 2022

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. The entertainment industry is no stranger to trademark infringement issues. Photo retrieved from Tubefilter.

Trademark 106

Trademark Public Domain Television Fair Use 106

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

Trademark 94

Trademark Contracts Blogging Fair Use 94

JD Supra Law

JULY 12, 2023

Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In that case, the appeals court ruled against Lous Vuitton, reasoning the use of the mark was a clear parody, and therefore deemed fair use.

Trademark 52

Trademark Fair Use Branding Brands 52

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. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 59

Trademark Fair Use Registration False Advertising 59

JD Supra Law

JUNE 15, 2023

Through this ruling, the Court clarifies the standards applicable to marks that are both expressive and used to designate source. On June 8, 2023, the United States Supreme Court unanimously ruled in favor of liquor distiller Jack Daniel's in its dispute over a dog toy designed to emulate the recognized whiskey bottle. By: Baker Donelson

Fair Use 52

Fair Use Designs Design Trademark 52

JD Supra Law

JANUARY 26, 2023

2022 was another big year for interesting trademark and copyright cases and developments. Over the past year there were cases involving a variety of important issues, including the First Amendment, fair use, non-fungible tokens (NFTs), extraterritorial rights of the Lanham Act, copyright registration errors, data scraping, and more.

Non-Fungible Tokens 55

Non-Fungible Tokens Trademark Copyright Fair Use 55