The TTABlog

SEPTEMBER 11, 2023

However, the Board concluded that consumers "are unlikely to perceive Applicant’s conventions, restricted to the horror and popular culture fields, or its horror and pop culture-related magazines, as emanating from the same source as sporting or music events sponsored by Opposer.

Music 78

Music Designs Design Registration 78

IP Close Up

FEBRUARY 8, 2022

A bastion of business coverage of large corporations since the 1920s, Fortune Magazine, lambasted BigTech companies because they “acquire and kill competitors and copy other Continue reading.

Copying 68

Copying Business Litigation Technology 68

IP Watchdog

APRIL 9, 2024

District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film.

Copyright Infringement 119

Copyright Infringement Publishing Copyright Litigation 119

The TTABlog

OCTOBER 16, 2023

Advance Magazine Publishers Inc. The Board failed to see how applicant's services are related to Opposer’s magazines, information, and videos on a website limited to fitness, fashion, exercise, health, nutrition, or beauty. Since it failed to prove fame for its Section 2(d) claim, opposr's dilution claims necessarily failed as well.

Art 72

Art Social Media Registration Journalism 72

IP Watchdog

APRIL 9, 2024

District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son, respectively, of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film.

Copyright Infringement 98

Copyright Infringement Publishing Copyright Litigation 98

The TTABlog

OCTOBER 13, 2022

Citing Professor McCarthy's view that that a threshold response in the range of 75% of the general consuming public is necessary to prove fame for purposes of dilution, while Opposer Advance Magazine's survey showed at most 45% aided awareness of the mark WIRED, the Board dismissed opposer's dilution-by-blurring claims.

Technology 52

Technology Publishing Designs Design 52

JD Supra Law

JUNE 23, 2022

As Top Gun: Maverick passes Doctor Strange 2 to become the highest-grossing movie in the US this year, it’s attracted a copyright infringement claim by the heirs of the writer of the article that inspired the original 1986 Tom Cruise movie. By: AEON Law

Copyright Infringement 98

Copyright Infringement Copyright Patent Law 98

IP Law 360

APRIL 23, 2024

A New York federal judge on Tuesday barred a Mexican distributor of Forbes magazine from trying to enforce an order from a court in Mexico City precluding the publication from terminating their deal while the companies gear up to arbitrate a renewal dispute.

52

52

Likelihood of Confusion

MARCH 2, 2024

My über-sharp friend Oliver Herzfeld, moving up in the world, has written an article in Forbes magazine on a recent Copyright Office policy statement that, as he puts it, “revises, and to a certain extent reverses, its prior position regarding the protection of compilations.” ” Oliver sums up the changes.

Copyright 98

Copyright Copyright Law Law 98

JD Supra Law

APRIL 4, 2024

Originally published in American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine - April 2024. But you should resist the urge to have a vendor, contractor, or employee sign a dusty old stock NDA and assume your company is protected under all circumstances. By: Wolf, Greenfield & Sacks, P.C.

Confidentiality 68

Confidentiality Publishing 68

IPilogue

DECEMBER 15, 2022

The magazine was part of a faux press tour rollout , including a fake NPR Tiny Desk Concert and a fake Saturday Night Live performance. Drake and 21 Savage jointly promoted the fake magazine on their Instagram with the caption: “Me and my brother on newsstands tomorrow!!

Social Media 105

Social Media False Advertising Copying Trademark 105

JD Supra Law

JANUARY 20, 2022

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling based on a claim construction error because nothing in the claims or specification of the asserted patent supported the district court’s overly narrow interpretation of the disputed claim term. Evolusion Concepts, Inc. HOC Events, Inc.

Patent 52

Patent 52

IP and Legal Filings

MARCH 24, 2023

Advance Magazine Publisher’s Inc, the Karnataka High Court observed the importance of the consequences of a certain trademarked word and decided the validity of another organisation using it through the impact that the word created on the general public. Introduction In a significant judgement being M.M. Kariappa v.

Trademark 61

Trademark Publishing Business Marketing 61

The IP Law Blog

DECEMBER 2, 2022

Vogue Magazine is suing 21 Savage and Drake after they created mock Vogue Magazines to market their new album. Scott Hervey and Josh Escovedo discuss the dispute on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

Blogging 98

Blogging Marketing Marketing IP 98

Plagiarism Today

JULY 25, 2022

The daughter, reading a magazine that publishes poetry from young authors, recognized one of the poems in it from another book. Lemieux, in responding to the letter, told the mom that she didn’t feel it was worth contacting the magazine with the information nor was it worth trying to track down the girl directly.

Plagiarism 171

Plagiarism Cease and Desist Publishing Editing 171

Fish & Richardson Trademark & Copyright Thoughts

MAY 20, 2022

Principal Megan Chacon has been named to San Diego Metro Magazine’s 2022 Top Attorney List. According to San Diego Metro , the list honors “some of the best and brightest legal minds in the region.”. Megan is an experienced patent litigator who has served as a key principal in a number of high-stakes pharmaceutical and biotechnology cases.

Litigation 70

Litigation Patent 70

IP Law 360

APRIL 1, 2024

The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a "gangster" when he became the magazine's publisher, tearing apart a longstanding licensing agreement while sabotaging the brand and holding hostage valuable intellectual property.

Publishing 52

Publishing Intellectual Property Branding Brands 52

IP Watchdog

JANUARY 16, 2022

s patent for a method of converting a semi-automatic rifle with a detachable magazine to one with a fixed magazine. Court of Appeals for the Federal Circuit (CAFC) on Friday ruled that a California district court erred in its claim construction relating to Evolusion Concepts, Inc.’s

Patent 126

Patent Patent Infringement Litigation Intellectual Property 126

JD Supra Law

DECEMBER 15, 2023

Originally published for The Institute of Food Technology (IFT) Food Technology Magazine - December 15, 2023. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Intellectual Property 81

Intellectual Property Technology Publishing Patent 81

Likelihood of Confusion

AUGUST 28, 2023

In 1989, when I was still a contributing editor to the ABA’s Student Lawyer magazine, I wrote an article describing, in somewhat purple hues, the experience of preparing for the. The post The New York bar exam — “The Endless Summer” appeared first on LIKELIHOOD OF CONFUSION™.

Law 98

Law 98

Plagiarism Today

OCTOBER 13, 2022

In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. First off today, Blake Brittain at Reuters reports that yesterday the Supreme Court heard oral arguments in a case pitting photographer Lynn Goldsmith against the estate of artist Andy Warhol.

Cease and Desist 185

Cease and Desist Copyright Infringement Licensing Fair Use 185

Likelihood of Confusion

JUNE 1, 2023

Circuit has ruled that Time magazine’s Matthew Cooper and The New York Times’ Judith Miller have to. Another red hot AP story: The Circuit Court of Appeals for the D.C. The post DC Circuit: Press Not Shielded appeared first on LIKELIHOOD OF CONFUSION™.

Journalism 98

Journalism 98

JD Supra Law

JANUARY 19, 2024

Originally published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine - January. Likewise, intellectual property (IP) insurance protects your company from the potentially high cost of litigation involving IP. By: Wolf, Greenfield & Sacks, P.C.

IP 70

IP Intellectual Property Litigation Publishing 70

The TTABlog

DECEMBER 13, 2023

Advance Magazine Publishers Inc. However, the evidence demonstrated "extremely high commercial strength of the mark VOGUE for magazines and online content in the field of fashion and even more generally in the field of fashion." The magazine has about 8.3 Plaintiff failed to prove its claims of abandonment and fraud.

Registration 69

Registration Publishing Copyright 69

JD Supra Law

SEPTEMBER 12, 2023

First published in Inside magazine, NYSBA, Fall 2017. There once was a company named Zotz, Which created toys for tots, It set up abroad, of course! But filing first is KnockOffSource, Can Zotz manufacture? Methink “notz!” By: Tarter Krinsky & Drogin LLP

Publishing 73

Publishing 73

IP Law 360

OCTOBER 20, 2023

Patent and Trademark Office acted within its discretion in finding the creator has priority, thanks to the trademark's use in publications like High Times Magazine. The Federal Circuit has sided with a comic book creator in a dispute over the "Captain Cannabis" trademark, finding the U.S.

Trademark 75

Trademark Patent 75

Likelihood of Confusion

JANUARY 12, 2023

In the June issue of Royaltie$ magazine, Oliver Herzfeld (of Beanstalk) and Richard Bergovoy (of the Licensing Law Blog) sure know how to grab your. Talk about “Dear John” letters! The post “Dear Licensor” appeared first on LIKELIHOOD OF CONFUSION™.

Licensing 97

Licensing Blogging Law 97

JD Supra Law

MAY 22, 2023

The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same. The 7-2 opinion came in a case involving Andy Warhol’s transformation of a photograph of Prince. By: Wiley Rein LLP

Fair Use 98

Fair Use Copyright Art 98

Likelihood of Confusion

JUNE 11, 2023

My über-sharp friend Oliver Herzfeld, moving up in the world, has written an article in Forbes magazine on a recent Copyright Office policy statement that, as he puts. First published August 8, 2012. The post Best of 2012: The borders of Terpsichore appeared first on LIKELIHOOD OF CONFUSION™.

Publishing 83

Publishing Copyright Copyright Law Law 83

Plagiarism Today

OCTOBER 11, 2022

In 1981, Goldsmith licensed a photo that she took of the musician Prince to Vanity Fair magazine, with the intent that the magazine would have Warhol create a painting based on it. The case pits photographer Lynn Goldsmith against the estate of artist Andy Warhol.

Fair Use 176

Fair Use Reporting Licensing Plagiarism 176

JD Supra Law

SEPTEMBER 13, 2023

First published in Inside magazine, NYSBA, Fall 2017. There once was a company named Zotz, Which created toys for tots, Let’s use “Robotoy,” Zotz declares, File at once, Lawyer Zares, Months later, Zotz is dejected, Too descriptive, trademark rejected. By: Tarter Krinsky & Drogin LLP

Publishing 68

Publishing Trademark 68

JD Supra Law

JANUARY 11, 2024

As a nerdy kid, I used to read popular science magazines in the checkout line, waiting for my mom to finish buying groceries. It was the early 1980’s. I remember picking up the latest Psychology Today issue and flipping through it. I read a short blurb about a “morality” experiment. The details are fuzzy.

Publishing 62

Publishing 62

JD Supra Law

SEPTEMBER 12, 2023

First published in Inside magazine, NYSBA, Fall 2017. There once was a company named Zotz, Which created toys for tots, The newest toy, named Ketter™, Recalled after a cease and desist letter, Oh my, no trademark search, CEO Zotz? By: Tarter Krinsky & Drogin LLP

Cease and Desist 65

Cease and Desist Publishing Trademark 65

JD Supra Law

JULY 7, 2023

Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn Goldsmith for use as a magazine cover was not fair use. In the case of Andy Warhol Foundation for the Visual Arts v. By: Perkins Coie

Fair Use 52

Fair Use Art Licensing 52

IP Law 360

JUNE 29, 2023

Vogue magazine's owner has failed to completely sink a consumer electronics company's bid to register the mark "eVogue" after a Trademark Trial and Appeal Board panel found that the publisher unduly waited over a decade to express concerns of consumer confusion.

Publishing 75

Publishing Trademark 75

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film.

Copyright 93

Copyright Copyright Infringement Social Media Licensing 93

LexBlog IP

MARCH 5, 2024

Modern Counsel magazine recently featured Erin Sedloff, the Associate General Counsel for Mainsail, a client of Winstead. Erin joined Mainsail in 2021 and established a legal center of excellence to provide legal support to Mainsail’s portfolio companies.

Intellectual Property 52

Intellectual Property 52