Remove topics multi-factor-test
article thumbnail

Recommended Reading: Professors Farley and Ramsey: "Raising the Threshold for Trademark Infringement to Protect Free Expression"

The TTABlog

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). One current example is the speech-protective test first articulated by the Second Circuit in Rogers v.

article thumbnail

keyword ads, product names not confusing in ex-roommate spat

43(B)log

The court found the imagination test for descriptiveness “inconclusive” “to determine whether consumers would require a mental leap to understand that BoostLash refers to an eyelash growth serum.” That is not the test. Despite that, the multifactor confusion test showed confusion unlikely. Multi Time Machine v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

This is a topic I used as a sample exam idea in the 1990s). So this factor favors the plaintiff (how???). The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

article thumbnail

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

LexBlog IP

” ( a phrase of fine inventive pedigree ) yet allow such applicant a patent under a multi-factor test that balanced monopolization with innovation and social benefit. ” I am told that means, in context , that certain leadership roles require one to faith but also pass tests. And let these also first be proved.”

article thumbnail

The Intersection of Artificial Intelligence (AI), Life Sciences, Healthcare, and Intellectual Property (IP)

LexBlog IP

Applying AI to electrocardiograms (ECGs) has resulted in a low-cost test that can be widely used to detect the presence of a weak heart pump, which can lead to heart failure if left untreated. The National Library of Medicine (NLM) has also reported on the topic of AI in radiotherapy , where AI can be applied to images (e.g.,