#trademark-law

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#intellectual-property

The Public Domain Benefits Everyone - But Sometimes Copyright Holders Won't Let Go

Trademark protection has no fixed expiration date, unlike copyright. It works on a 'use it or lose it' model.
Former copyright holders of public domain works can use trademark law to maintain control over their intellectual property.

A Lawsuit Against Perplexity Calls Out Fake News Hallucinations

News Corp accuses Perplexity of abusing intellectual property, contrasting it with OpenAI's principled stance on integrity and creativity.

Jack Daniel's Continues, with Trademark Dilution as the New Battleground

The Supreme Court ruling in Jack Daniel's v. VIP Products sets a precedent affecting trademark dilution law and free speech rights.
Trademark dilution may become the next major legal challenge for free speech in relation to trademarks.

Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of Discretion

OpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.

The Briefing: The Fall of SUPER HERO - When Trademarks Become Generic

The trademark 'Superhero' was cancelled due to becoming generic, opening the field for broader usage by creators.

Unbeknownst to corporate lawyer, scammers used her name to file thousands of trademark applications

Identity theft in the legal field is a rising issue, especially involving female attorneys whose credentials are misused for trademark filings.

The Public Domain Benefits Everyone - But Sometimes Copyright Holders Won't Let Go

Trademark protection has no fixed expiration date, unlike copyright. It works on a 'use it or lose it' model.
Former copyright holders of public domain works can use trademark law to maintain control over their intellectual property.

A Lawsuit Against Perplexity Calls Out Fake News Hallucinations

News Corp accuses Perplexity of abusing intellectual property, contrasting it with OpenAI's principled stance on integrity and creativity.

Jack Daniel's Continues, with Trademark Dilution as the New Battleground

The Supreme Court ruling in Jack Daniel's v. VIP Products sets a precedent affecting trademark dilution law and free speech rights.
Trademark dilution may become the next major legal challenge for free speech in relation to trademarks.

Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of Discretion

OpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.

The Briefing: The Fall of SUPER HERO - When Trademarks Become Generic

The trademark 'Superhero' was cancelled due to becoming generic, opening the field for broader usage by creators.

Unbeknownst to corporate lawyer, scammers used her name to file thousands of trademark applications

Identity theft in the legal field is a rising issue, especially involving female attorneys whose credentials are misused for trademark filings.
moreintellectual-property
#fashion-industry

Thom Browne wins in Adidas trademark battle over stripe pattern

A U.K. judge rules that Adidas cannot claim ownership over stripes, marking a significant win for designer Thom Browne.

Katy Perry wins appeal in trademark legal case against Sydney fashion label Katie Perry

Katy Perry won her trademark lawsuit against an Australian designer, establishing her right to the 'Katie Perry' trademark based on prior usage.

Thom Browne wins in Adidas trademark battle over stripe pattern

A U.K. judge rules that Adidas cannot claim ownership over stripes, marking a significant win for designer Thom Browne.

Katy Perry wins appeal in trademark legal case against Sydney fashion label Katie Perry

Katy Perry won her trademark lawsuit against an Australian designer, establishing her right to the 'Katie Perry' trademark based on prior usage.
morefashion-industry
#uspto

Using Settlements and Case Resolution to Reduce the High Cost of U.S. Trademark Disputes

The U.S. trademark dispute process is expensive and cumbersome, discouraging valid claims and allowing similar trademarks to be registered.

Government Opposition to Chestek's Cert Petition

The USPTO may regulate without notice-and-comment rulemaking, raising questions about the extent of its procedural authority.
Chestek's case challenges the USPTO's authority based on privacy and regulatory procedure.

What's in a Name[ly]?: Considerations for Using 'Namely' in Trademark Applications

Improper use of 'namely' in trademark applications can significantly alter intended scope and understanding of goods.

Using Settlements and Case Resolution to Reduce the High Cost of U.S. Trademark Disputes

The U.S. trademark dispute process is expensive and cumbersome, discouraging valid claims and allowing similar trademarks to be registered.

Government Opposition to Chestek's Cert Petition

The USPTO may regulate without notice-and-comment rulemaking, raising questions about the extent of its procedural authority.
Chestek's case challenges the USPTO's authority based on privacy and regulatory procedure.

What's in a Name[ly]?: Considerations for Using 'Namely' in Trademark Applications

Improper use of 'namely' in trademark applications can significantly alter intended scope and understanding of goods.
moreuspto

The Second Circuit's Metabirkin Dilemma: Constitutionally Protected Artistic Expression or Trademark Misappropriation?

The Second Circuit aims to balance artistic expression against trademark exploitation in the Hermès v. Rothschild case.
from The Oaklandside
2 weeks ago

Federal judge orders Oakland airport to stop using 'San Francisco' in name

Oakland's airport name change is temporarily blocked by a court due to trademark infringement concerns with San Francisco airport.
#supreme-court

A Tale of Two Dewberries: Corporate Structure vs. Trademark Remedies

The Supreme Court will examine whether courts can hold non-party corporate affiliates liable for trademark infringement profits in the Dewberry case.

The Briefing: Bad Spirits - How a Dog Toy Changed TV Title Clearance

The Supreme Court ruling in Jack Daniels v. VIP Products complicates title clearing for creative projects.

Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates' Profits

The Fourth Circuit's ruling could unjustly penalize trademark owners by allowing profit disgorgement from non-party affiliates without due process.

SCOTUS OKs SG Argument in Trademark Case on Scope of Profits Disgorgement Awards

The Supreme Court's decision in Dewberry Group, Inc. v. Dewberry Engineers Inc. will clarify profit disgorgement in trademark infringement cases involving non-party affiliates.

A Tale of Two Dewberries: Corporate Structure vs. Trademark Remedies

The Supreme Court will examine whether courts can hold non-party corporate affiliates liable for trademark infringement profits in the Dewberry case.

The Briefing: Bad Spirits - How a Dog Toy Changed TV Title Clearance

The Supreme Court ruling in Jack Daniels v. VIP Products complicates title clearing for creative projects.

Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates' Profits

The Fourth Circuit's ruling could unjustly penalize trademark owners by allowing profit disgorgement from non-party affiliates without due process.

SCOTUS OKs SG Argument in Trademark Case on Scope of Profits Disgorgement Awards

The Supreme Court's decision in Dewberry Group, Inc. v. Dewberry Engineers Inc. will clarify profit disgorgement in trademark infringement cases involving non-party affiliates.
moresupreme-court

Sorry, Gas Companies - Parody Isn't Infringement (Even If It Creeps You Out)

Activism often utilizes parody and cultural commentary to address serious issues, exemplified by Modest Proposals' Repaer initiative against the LNG industry.

Pro sports teams have run out of names. Here's a big reason why

Sports teams are moving toward generic names due to trademark challenges.
'Bos Nation FC' reflects a trend of simplified team branding in sports.
Intellectual property concerns shape naming conventions for new teams.

EasyJet founder Stelios goes after 'brand thieves' aggressively

Trademark enforcement is crucial for brand protection, as exemplified by easyGroup's actions against those using the 'easy' prefix.

Stellar Blade developer Shift Up and Sony are being sued by Stellarblade, in a Spiderman meme-style name trademark battle

Stellarblade film company sues Shift Up and Sony over trademark infringement concerning the game 'Stellar Blade', citing unfair competition and damage to its brand.

Paralympic Games: Olympic Rings Tattoos Now Allowed

The ban on Olympic rings tattoos for Paralympic athletes has been lifted, raising legal and ethical questions.

Not very demure: TikTok creator faces a legal battle over her own catchphrase

Jools Lebron's catchphrase success highlights the urgent need for influencers to secure trademarks to protect their brands.
#patent-law

To 'Obtain' or Not to 'Obtain'? That is Still the Question

The Federal Circuit applies inconsistent interpretations of 'obtain' in patent and trademark contexts, leading to confusion regarding legal standards.

WEBINAR: Top IP Cases in 2023 | Trademark and Copyright Law

Key IP cases of 2023 are crucial for planning 2024
Webinar highlighted trademark, copyright, patent, and trade secret law developments

To 'Obtain' or Not to 'Obtain'? That is Still the Question

The Federal Circuit applies inconsistent interpretations of 'obtain' in patent and trademark contexts, leading to confusion regarding legal standards.

WEBINAR: Top IP Cases in 2023 | Trademark and Copyright Law

Key IP cases of 2023 are crucial for planning 2024
Webinar highlighted trademark, copyright, patent, and trade secret law developments
morepatent-law

Trademark lawyer is profiting from Harris-Walz foresight

Trademark lawyer Jeremy Eche profited significantly by strategically purchasing and selling political domain names, demonstrating the lucrative nature of political cybersquatting.

The Briefing: Affiliate Marketing vs Retail Services - TTAB's Landmark Ruling

Gabby’s Table was denied trademark registration due to lack of distinctiveness, impacting how businesses approach affiliate marketing.
This decision emphasizes the need for brands to consider trademark protections carefully.

Other Barks & Bites for Friday, June 7: Class Action Lawsuit Accusing Google of Copyright Infringement Dismissed; the WHO Releases Report on Health, Innovation and IP; EU Court Bans McDonald's from using Big Mac Mark for Chicken Sandwiches

AI copyright lawsuits dismissed against Google and Microsoft
McDonald's Big Mac trademark revoked in EU for poultry products
Top 100 U.S. universities for granted utility patents announced by NAI

Trump Too Small: Supreme Court Upholds Lanham Act's Restriction on Registering Marks With Living Individual's Names Without Consent

The Supreme Court ruled that the Lanham Act's 'names clause' does not violate the First Amendment, distinguishing it from prior decisions on disparaging and scandalous marks.
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