SpicyIP

JANUARY 31, 2024

While she has raised several interesting points, there are a few more issues, especially concerning passing off, that I believe need highlighting. Plus, it tries to outline possibilities based on information available from the Trademark Registry, media sources, and the court order. For reference see Adyasha’s post here.)

Inventor 64

Inventor Ownership Reporting Registration 64

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. For starters, Bob’s Burgers is already a trademark belonging to someone else. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

Traverse Legal Blog

MARCH 25, 2022

In this video, Blockchain attorney Enrico Schaefer identifies key legal issues every brand, marketing agency, or project point person needs to be thinking about before launching an NFT project for a company. NFTs can identify your influencers and evangelists in ways we have never seen before. Are major brands are dropping NFTs?

Branding 126

Branding Brands Branding Contracts 126

Garrigues Blog

OCTOBER 25, 2021

Our children however, – digital natives – will no longer see the need for this final step. The auction of NFT ( non-fungible tokens ), which we addressed in this post , comprising wearable works of digital art, has revolutionized the trademark industry. Think for example of influencers. How to protect virtual creations.

Non-Fungible Tokens 59

Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law 59

43(B)log

AUGUST 3, 2023

Too much to choose from; I prioritized things that were new to me. NY State created a postmortem right of publicity specifically for computer-generated likenesses; Louisiana did so too. NY State created a postmortem right of publicity specifically for computer-generated likenesses; Louisiana did so too. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

The IPKat

DECEMBER 4, 2023

There is no general principle that excludes the names of sports teams from trade mark protection. The need to keep a certain sign free for competitors is not an interest protected under Art. Consequently, the definition of ‘TEAM USA’ used by the examiner and the Board of Appeal appears to be too narrow. T‑332/20 at para.

Registration 67

Registration Designs Design Art 67

43(B)log

AUGUST 11, 2022

Constructed languages: attempts to use copyright to protect them. Copyright claims attempted to preserve/protect/avoid splits. Can’t © structure as idea, nor words as too small, but what about the area in between? Can’t © structure as idea, nor words as too small, but what about the area in between? Klingon: Axanar.

Ownership 80

Ownership Moral Rights Copyright Branding 80

43(B)log

FEBRUARY 18, 2022

WIPIP 2022, Session 4 Michael Meurer IP Protection of Business Knowledge Since Bilski: First, business method patent protection is a lot less significant for today’s innovators. Second, we have a lot more information about the costs of protection. Exclusivity b/c of tacit knowledge and employee mobility restrictions too.

IP 59

IP Business Music Law 59

43(B)log

FEBRUARY 24, 2024

When things are happening en masse at a business, just as in the TM system, w/o individualized attention and with a different agenda than the law’s, you can see the law’s protective features be minimized. Main players have dubious rights—emojis, smileys—already at the border of what TM should protect. TROs harm consumers.

Fair Use 45

Fair Use Branding Brands Branding 45

Kluwer Copyright Blog

AUGUST 25, 2021

It held that uploading (including automatic uploading) of pieces of a file containing a protected work on peer-to-peer (P2P) networks infringes the making available right under article 3(1) and (2) of the InfoSoc Directive when a user actively chooses to use sharing software after having been duly informed of its characteristics.

Intellectual Property 103

Intellectual Property IP Privacy Law 103

IPilogue

OCTOBER 19, 2022

A majority of the Court, however, held that the UK company’s local fundraising efforts for SSCS’s activities were too insignificant to have induced the trespass that SSCS committed in attacking the boats that were hauling tuna to the plaintiff’s fish farm off Malta. The patent law anomaly need not infect other IP.

Copyright Infringement 106

Copyright Infringement Copyright IP Designs 106

43(B)log

AUGUST 17, 2021

Lexmark has crept into §43(a)(1)(A) via false endorsement; it will be interesting to see whether courts recognize that other trademark claims are likewise subject to a proximate cause requirement by that logic. So a respondent who wasn’t confused would especially need option (3). So too here.

Social Media 59

Social Media False Advertising Advertising Advertising 59

43(B)log

FEBRUARY 24, 2023

Anachronism may give away too much by suggesting the cause of disconnect is the passage of time—that might not be true or might be partly true. But Multi Time Machine is recognizing that Brookfield needs to be changed. Aesthetic functionality, affiliation/sponsorship now needs to be seen as affected by First Amendment.

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

FEBRUARY 17, 2022

But the FDA doesn’t regulate me, so I am free to tell you that the scientific evidence is growing that NR supplements replenish cellular NAD, which can protect against MANY ailments, including [broad list of serious conditions] and in my own experience, Restless Legs Syndrome (RLS). So too with statement #2.

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

SEPTEMBER 29, 2022

The MGM roar and the Nittany Lion roar are certainly not identical, but they might be considered confusingly similar, should one ever need to distinguish or compare them. (I Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

43(B)log

FEBRUARY 3, 2023

A: that’s right; GI fans think that certification marks are way too weak, and the gov’t should bring everyone in and regulate the certification, supposedly forcing transparency. 1) Dilution—formalistic principle: once we put the label famous on a mark, we don’t do much to restrict the protection of that mark. Buccafusco: internal v.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

Technology & Marketing Law Blog

JUNE 21, 2023

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.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

43(B)log

AUGUST 3, 2023

Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. Implications: too much memorization undermines arguments in favor of fair use. Sonia Katyal, A Trademark Theory of Rebranding Lots of rebranding out there. That’s not enough.

Social Media 52

Social Media Fair Use Advertising Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Fish principals Hyun Jin (HJ) In, Ph.D. , Ralph Phillips , and Daniel Tishman explore these growing industries and offer considerations for companies protecting and defending their IP. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). PDF copy available. Valued at $108.4

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. SCt should get out of business of doing IP, but it’s too late.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

OCTOBER 4, 2021

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

IP Trademark Advertising Advertising 94

The TTABlog

JANUARY 23, 2024

b) (precluding from trademark protection “informational matter,” such as slogans, terms, and phrases used by the public to convey familiar sentiments, because consumers are unlikely to “perceive the matter as a trademark or service mark for any goods and services.”). The TMEP is not the law - ed. ].

Designs 62

Designs Design Registration Service Mark 62

The TTABlog

NOVEMBER 16, 2023

RACISM for tote bags and various clothing items, and for the services of "promoting public interest and awareness of the need for racial reconciliation and encouraging people to know their neighbor and then affect change in their own sphere of influence," finding that the phrase fails to function as a source indicator.

Registration 70

Registration Service Mark Trademark Trademark Law 70

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

” The bills stylized Internet services as the titular “censors” that needed curbing. ”), but I don’t think the Supreme Court needs any additional motivation to grant cert. It was too crazy for Judge Jones, and that’s saying a lot). We will not.”), The fate of UGC hangs in the balance.

Social Media 137

Social Media Publishing Law Blogging 137