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Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels
5 Mar 2024, 8:59 am by Eric Goldman
[Cite to Ohio State v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
“it appears difficult for a defendant, innocent or not, to defend himself in a claim for disgorgement of profits"
4 Mar 2024, 10:50 am by Rebecca Tushnet
Co. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Choice of Law in the American Courts in 2023
29 Feb 2024, 4:59 am by John Coyle
Meanwhile, lower courts struggled with how to fit the Supreme Court’s 1922 decision in United States v. [read post]
Conflict of Laws .net - https://conflictoflaws.net
AI and Artists’ IP: Unpacking Copyright Infringement Allegations in Andersen v. Stability AI Ltd.
26 Feb 2024, 12:28 am by centerforartlaw
By Sophia Williams “We’ve filed a lawsuit challenging AI image generators for using artists’ work without consent, credit, or compensation. [read post]
Center for Art Law Blog - http://itsartlaw.com
15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)
23 Feb 2024, 1:43 pm by Rebecca Tushnet
When the Lanham Act passed, he was convinced it incorporated that already in section 44. [read post]
43(B)log - http://tushnet.blogspot.com/
Commercial Roundup – February 21, 2024
21 Feb 2024, 6:04 am by Barry Barnett
Trump-v. [read post]
The Contingency - https://www.thecontingency.com/
Cardozo A&ELJ symposium, Trademark
16 Feb 2024, 12:13 pm by Rebecca Tushnet
Then, in Lexmark v. [read post]
43(B)log - http://tushnet.blogspot.com/
From Louboutin to Pink Insulation: How Can a Company Trademark a Color?
9 Feb 2024, 6:00 am by Sarah Friedman
In 2012, the case of Louboutin v. [read post]
In Custodia Legis - http://blogs.loc.gov/law
Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
1 Feb 2024, 10:01 am by Scott Hervey
V. [read post]
IP Law Blog - http://www.theiplawblog.com/
over dissent, 6th Circuit holds that large player in fragmented market could show proximate cause under Lexmark
17 Jan 2024, 11:11 am by Rebecca Tushnet
Campfield v. [read post]
43(B)log - http://tushnet.blogspot.com/
The TRUMP TOO SMALL Case Obscures Larger Lanham Act Problems
14 Jan 2024, 9:15 am by Roy Wepner
In Vidal v. [read post]
IPWatchdog - http://www.ipwatchdog.com/
The TRUMP TOO SMALL Case Obscures Larger Lanham Act Problems
14 Jan 2024, 9:15 am by Roy Wepner
In Vidal v. [read post]
IPWatchdog.com | Patent Copyright Trademark - http://www.ipwatchdog.com
sending emails under former employees' names may be reverse passing off
3 Jan 2024, 10:23 am by Rebecca Tushnet
LoanDepot.com, LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
Top IP Developments of 2023
31 Dec 2023, 4:29 pm by Thomas James
Rogers v. [read post]
Cokato Copyright Attorney - https://www.thomasbjames.com
Dastar bars false advertising claim against "first of its kind" ads
15 Dec 2023, 8:26 am by Rebecca Tushnet
LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
Hot Take on the Wavy Baby Decision (Guest Blog Post)
11 Dec 2023, 7:16 am by Eric Goldman
The Second Circuit took this logic one step further, stating that “if a parodic use of protected marks and trade dress leaves confusion as to the source of a product, the parody has not ‘succeeded’ for purposes of the Lanham Act. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
U.S. Supreme Court, Abitron Austria GmbH v. Hetronic Int’l, Inc., Docket No. 21-1043, 600 U.S. 412
2 Dec 2023, 1:45 pm
 v. [read post]
Frederic Borel - http://fredericborel.blogspot.ch/
[Eugene Volokh] "This Case Pits Real Lawyers Against a Robot Lawyer"
28 Nov 2023, 1:37 pm by Eugene Volokh
MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Earnings calls, recall notices not "commercial advertising or promotion," but could be "of and concerning" largest market player
27 Nov 2023, 1:32 pm by Rebecca Tushnet
Recall notice: Eli Lilly & Co. v. [read post]
43(B)log - http://tushnet.blogspot.com/
too much complaining about copying triggers Dastar/preemption for other claims
27 Nov 2023, 1:05 pm by Rebecca Tushnet
Design Gaps, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/