Erik K Pelton

MARCH 11, 2022

In our continuing effort to combat trademark scams and raise awareness of this important issue, we have recently submitted comments to the FTC. ” More than 100 comments were submitted. ” More than 100 comments were submitted. trademarks for clients who are overwhelmingly small businesses. About Erik M.

Government 147

Government Business Trademark Blogging 147

SpicyIP

JANUARY 20, 2024

Source – From Flickr’s Kevin Lim “Are Some Scholars More Equal than Others?,” And I found some papers saying that researchers based in the Global North typically enjoy broader global influence and are generally considered to be leading in terms of knowledge generation and dissemination. See also here ).

Government 112

Government IP Intellectual Property Reporting 112

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

Branding 59

Branding Brands Branding Trademark 59

SpicyIP

OCTOBER 6, 2023

Image from here [ This post has been co-authored with Swaraj and Nivrati Gupta. for instance, see here and here for the works which are presented as similar.) sidenote: we haven’t done a similar exercise for other sets, however, at least for this one set of claims, our observation seems relevant.]

Ownership 105

Ownership Business Copyright Copyright Infringement 105

Technology & Marketing Law Blog

DECEMBER 9, 2022

This part debunks some of the myths that have grown up around the hiQ case during the years of judicial confusion it has caused.]. Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.”

Blogging 116

Blogging Law Contracts Cease and Desist 116

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. There have been some court decisions on this precise topic, but the law is not completely settled.

Designs 52

Designs Design Trademark Copyright 52

Velocity of Content

APRIL 26, 2022

The theme of WIPO’s World Intellectual Property Day (April 26 th , 2022) this year is “ IP and Youth: Innovating for a Better Future.” That strikes me as certainly a worthy and intriguing topic, but before saying more about why I’m inclined to think so, I think the terms used could probably stand a little unpacking first.

IP 98

IP Intellectual Property Social Media Music 98

SpicyIP

APRIL 24, 2022

Fast forward to today, and while there’s still plenty of misunderstanding – patents, copyrights, trademarks, inventions, innovations, 4th industrial revolution, etc have all become buzzwords! Is there space for a genuine discussion around the whats, whys, whens and hows underlying the IP system?

IP 131

IP Invention Intellectual Property Law 131

LexBlog IP

JULY 26, 2021

Although Cyberpunk certainly faired much better than Nukem did from a gameplay and critical reception standpoint – the legal fallout experienced by CD Projekt (developer of Cyberpunk) has been decidedly much worse. Out of the gate, it’s important to note that CD Projekt does own a trademark on the logo above.

Trademark 52

Trademark Copyright Art Marketing 52

Copyright Lately

JULY 8, 2023

A new complaint involving competing pooping puppy puzzles shows why drawing the line between ideas and expression can be difficult business. ” Then in June, the Supreme Court decided a trademark dispute sparked by a poop-themed dog toy that resembles a Jack Daniel’s liquor bottle. So who wins?

Copyright Infringement 88

Copyright Infringement Copyright Social Media Branding 88

azrights

MAY 10, 2022

With that in mind, here are the top 13 reasons why businesses are less successful than they might otherwise be. A typical one that has dramatic consequences for some business owners is a failure to take on board an important intellectual property issue. No commitment to learning. Business is hard.

Business 98

Business Branding Brands Branding 98

43(B)log

FEBRUARY 3, 2024

Definitions are challenging, including use in commerce—but that hasn’t stopped us in other IP. would communities have to fight each other over what is theirs? Jeremy Sheff: Remedies—do you see the primary remedy here being injunctive or monetary, and why? Iran has criminalized expression: rapping, singing, dancing.

Branding 59

Branding Brands Branding Art 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v.

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

FEBRUARY 3, 2024

In fact, consumers are highly involved in grocery shopping; more care than TM cases give consumers credit for. Poverty might mean more care than less. If chips are presented along with other chocolate chips, that could encourage confusion. Beer Nuts, Bulls’ Eye v. Raging Bull for barbecue sauce, Powerbar v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

The IPKat

MAY 3, 2023

Why is this noteworthy? It would certainly be different to all the other shapes of aeroplanes (and so the CJEU assumes, distinctive). Possibly not that much if we are content with a system based on first to file rather than first to use, and without the need to prove use unless challenged down the line. What can be done?

Registration 92

Registration Trademark Licensing Litigation 92

Kluwer Copyright Blog

JANUARY 26, 2022

And why do definitions matter anyway (especially for lawyers)? Why Does Web3 matter for Copyright and IP Lawyers? Blockchain and decentralized ledger technologies offer some powerful functionalities that could be relevant to the functioning of IP rights. related to commercializing other creative works.

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

azrights

JUNE 19, 2023

Why process is the answer There’s no need for someone inside the business to understand IP laws. I’ve used them within my own business for more than 10 years. However, they just need tweaking to bring them in line with local requirements in your home country rather than radical redrafting. Never had an IP audit?

Business 52

Business Designs Design IP 52

The TTABlog

JANUARY 26, 2023

A recent article by my friend, Bob Cumbow of Miller Nash in Seattle, Washington, caught my eye, and I'm delighted that he allowed me to re-publish it here. I often cringe at use of the word "trademark" as a verb, and Bob's article explains what the problem is. Trademark Lawyer: “What do you mean you want to ‘trademark’ it?”

Trademark 62

Trademark Registration Trademark Law Business 62

LexBlog IP

MARCH 28, 2023

If any readers have ever gotten in touch with OG+S regarding a potential trademark application, we have likely mentioned the possibility of doing a “preliminary screen” for your mark. This process, sometimes also referred to as a “knockout search”, helps trademark applicants get a sense of the field before they apply.

Trademark 40

Trademark Cease and Desist Registration Business 40

Technology & Marketing Law Blog

AUGUST 24, 2023

Some of the biggest companies on earth—including Meta and Microsoft—take aggressive, litigious approaches to prohibiting web scraping on their own properties, while taking liberal approaches to scraping data on other companies’ properties. They don’t need or seek alternative legal theories.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

43(B)log

AUGUST 11, 2022

Has implications for autocomplete and prompts, and other forms of AI. Why didn’t English die from being control-free? A: Software is less forgiving than spoken language. She thinks there’s more flex in merger than Yoo does. SAS: does inviting people in some of the way invite them in all the way? Klingon: Axanar.

Ownership 80

Ownership Moral Rights Copyright Branding 80

43(B)log

AUGUST 3, 2023

How do other areas of law treat relevance of death? There is some exception for actions immediately surrounding death or moment of burial. Entertainment: stronger ground to articulate right in performances; incentive story makes more sense for this than for other invocations of right of identity. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

Patent Trademark Blog

JUNE 15, 2023

Some say patents are worthless. Others say patents matter. And, if getting a patent is worth some amount of your money and time, how do you proceed responsibly without spending too much before your product even shows potential? Here is the conundrum. Do patents matter? Thinking of filing a patent? What is the solution?

Design Patent 52

Design Patent Patent Patent Application Designs 52

43(B)log

FEBRUARY 23, 2024

But they have virtually no experience, except in TTAB, with other side of the equation, remedies, 1A limitations, etc. TTAB is better suited, b/c at least get microcosm of LOC cases b/c of competing TM claimants. Two other decisionmakers in practice making lots more decisions: The UDRP panels in cybersquatting.

Registration 59

Registration Branding Brands Branding 59

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. Netflix alleges that Barlow & Bear repeatedly assured Netflix that they had no remaining Bridgerton -related plans other than media interviews following their Grammy win.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. But Plaintiffs contend they ‘verbally’ licensed their trademark to Kenny Chesney and the company that represents him, Blue Chair Bay Records, and then Blue Chair Bay Records sublicensed the rights to Viacom for the broadcast on CMT.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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. Amazon is used for more product search than Google. Even if we live in a world with other sources of info, maybe we still like TMs.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

NOVEMBER 28, 2022

“The Ninth Circuit has stated that surveys in trademark cases are to be admitted as long as they are conducted according to accepted principles” and “relevant.” Some participants were shown Bang cans and labels with “Super Creatine,” and others saw altered Bang cans and labels without that phrase.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

LexBlog IP

OCTOBER 25, 2023

” Mother and son are quickly converted, hungry to read — and here Verghese secures his opus’s through-line. After reading a book, Philipose explains to Ammachi, “I’ve lived through three generations and learned more about the world and about myself than I do during a year in school.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below. ” Joint Statement at 2.

Government 52

Government Business Copyright Licensing 52

43(B)log

OCTOBER 25, 2021

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Why is this even relevant, anyway? Floribama” fit. Drape Creative epicycle. Bantam Doubleday Dell Publishing Group, Inc.,

Artistic Work 59

Artistic Work Social Media Television Trademark 59

43(B)log

FEBRUARY 22, 2022

The other sessions overlapped with my teaching, unfortunately, including Register Perlmutter’s opening remarks. 4) incentivize innovative solutions addressing specific concerns on specific platforms rather than adopting generic solutions that don’t work in context. Large part of what makes developer community from other communities.

Copyright 45

Copyright Fair Use Music Licensing 45

43(B)log

FEBRUARY 17, 2022

Because the supplement facts here are less generalizable than the survey methodologies, I will try to skip over lots of detail, but a fair amount of the detail is legal. ChromaDex used to just supply ingredients to others, but it launched Tru Niagen, a DTC supplement whose active ingredient is Niagen. 17-cv-7394 (LJL) (S.D.N.Y.

Advertising 80

Advertising Advertising False Advertising Marketing 80

The IPKat

MAY 7, 2024

That said, the question whether unification – rather than approximation – is the way forward has been at least in the air for nearly thirty years already. Why, how, and when unification? Let’s start with the ‘why’. Specifically: not to speak seriously about a more extensive and altogether different harmonization ambition.

Copyright Law 121

Copyright Law Copyright Law Intellectual Property 121

azrights

MAY 3, 2022

As a trademark lawyer, I began to ask myself why? Brand Tuned was a difficult book to write because although I had dealt with trademark registration and brand protection work, and had explored the concept of brand in my Legally Branded book, I didn’t have a deep understanding of it. The world of branding needs to change.

Branding 119

Branding Brands Branding Registration 119

TorrentFreak

APRIL 1, 2024

With some fine-tuning and corrective prompts here and there, plus some guidance on how Alan was likely to become more combative as the discussion went on, we ended up with the interview below. We suggested that Alan should be allowed to wander off-topic with his trademark anecdotes before being quickly brought back by his guest.

Music 93

Music Copying Art Copyright 93

Technology & Marketing Law Blog

DECEMBER 4, 2023

If that’s true with the other 18 cases, Roblox may have sued 4,000+ defendants using the SAD Scheme. The court says that’s not good enough; “the online retailer generally must have sold at least one product in Illinois for personal jurisdiction to exist here.” at issue here. .” at issue here.

Settlement 99

Settlement Blogging Trademark Law 99