Biswajit Sarkar Copyright Blog

JULY 13, 2022

The ability of a company to create and capitalise on a distinctive brand to get the competitive edge necessary for success is at the core of the fashion industry, which goes beyond only clothing and accessories. Thus, it becomes essential to protect IPR in fashion to accord increased protection and economic benefits to designers and brands.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

APRIL 27, 2022

In fact, due to their unique nature, the USPTO is less likely to Office Action for Likelihood of Confusion for a fanciful trademark. A fanciful trademark is the strongest trademark type and, in addition to providing examples below, we define it as one that is “coined” for the purpose of serving as a trademark. Suggestive.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., back and spinal pain). But that’s not relevant to the lost profits argument, which is part of causation.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

Copyright 138

Copyright Fair Use Copyright Law Law 138

IPilogue

JANUARY 10, 2022

As part of the course requirements, students were asked to write a blog on a topic of their choice. Over the next six weeks, we’ll release articles on the following topics. In 2011, Amazon was successful in obtaining a patent on their ‘one-click’ method. ‍This article is the second in a 5-part series.

Invention 104

Invention Patent Intellectual Property IP 104

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. There have been some noteworthy recent decisions in trade secrets law. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). Check your calendar. Yes, it’s 2021. But trademark plaintiffs and judges are still partying like it’s 1999. The plaintiff is Seeking Arrangements, one of my favorite websites to base my Internet Law exams on. The defendant is a competitor, Luxy. Competitive proximity.

Advertising 98

Advertising Advertising Trademark Settlement 98

LexBlog IP

NOVEMBER 11, 2022

While there was minimal legislative actively last month, there were a number of interesting decisions and articles on the trade secret and restrictive covenant front: Noteworthy Defend Trade Secrets Act Cases, Federal Trade Secrets Opinions and Related Commentary: Perhaps the biggest news last month was the $104.65 The jury awarded $22.39

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] 1] Nevertheless, the PTAB remains the most active forum for patent disputes nationwide, handling significantly more matters in 2021 than both the Eastern and Western Districts of Texas and the District of Delaware. [2]. Download a PDF.

Reporting 52

Reporting Art Invention Patent 52

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No. 21-869 (May 18, 2023).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Trading Secrets

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Anatomy of a Restrictive Covenant.

Confidentiality 59

Confidentiality Business Law Contracts 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Introduction. 2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. This year’s series included: 2021 Trade Secrets & Non-Competes Year in Review. Anatomy of a Restrictive Covenant.

Confidentiality 40

Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

DECEMBER 1, 2022

The court summarizes: on January 6, 2021, Plaintiff directed tweets at Defendant, criticizing public remarks Defendant made leading up to, during, and after the storming of the United States Capitol that occurred on that day. This cannot be the right outcome. Also, the court rulings on politician-operated social media accounts are quite messy.

Social Media 107

Social Media Government Designs Design 107