Remove False Advertising Remove Ownership Remove Registering Trademarks Remove Trademark
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truthful statement about role in developing product isn't falsified by later split

43(B)log

Eventually, instead of monthly compensation, Von Berg offered Hawrych a 10% ownership interest in Nutra-Luxe, which worked for 16 years. into the company name, added the phrase ‘physician developed/formulated’ to the product descriptions, and used Dr. Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.”

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. 16-6576 (KM) (MAH), 2023 WL 4200169, -- F.

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Intellectual Property Rights for Social Media Influencers

IIPRD

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. The easiest method to accomplish this is to register a trademark. Trademarks encompass Instagram handles, YouTube channels, and user names on numerous social media sites.

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Federal Court of Canada Issues Default Judgment to Stop Online Infringement

LexBlog IP

collectively, “ Kaira ”) commenced an action alleging passing off, trademark infringement, depreciation of goodwill and copyright infringement by, Amul Canada, Mohit Rana, Akash Ghosh, Chandu Das, And Patel Patel (collectively, the “ Defendants ”). Kaira also established trademark infringement. Disposition.

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(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

43(B)log

The court denied a motion to dismiss on copyright and trademark etc. Copyright ownership: At this stage, the court accepted as true the allegation that Darger did not gift his works to the Lerners. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.”

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5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion

43(B)log

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.

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USC IP year in review, TM/ROP

43(B)log

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94