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U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

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Concept Of Trademark Bullying: Forceful Enforcement Of Trademark Rights In The Name Of Protection

IP and Legal Filings

It also demands from the opponent to refrain from using the trademark which as per the trademark bully is similar to their trademark. Post serving such notice the small entity is forced for settlement because getting into a legal battle would be a disadvantageous step financially.

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Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23]

SpicyIP

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Understanding IPR law enables “legally aware entrepreneurs/techno-entrepreneurs” to navigate these complex transactions and negotiate favourably.

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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. This is a competitive keyword advertising lawsuit.

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. Concluding Remarks.

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Four Thoughts Before Bringing a Trademark Infringement Lawsuit

Traverse Legal Blog

You will need to have proof of not only your registered trademark(s), but know important dates such as your first use in commerce of the trademark. Were you using your trademark before the alleged infringer? Has your trademark registration ever lapsed? How much do you spend on marketing related to your trademark?

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USC IP year in review, TM/ROP

43(B)log

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

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