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24 Sep 2021, 12:08 pm
Section 230(e)(2) contains an exemption for "any law pertaining to intellectual property"; this means, for instance, that federal trademark and copyright claims are generally allowed to go forward (though subject to their own rules and limitations, such as those set forth in the Digital Millennium Copyright Act). [read post]
23 Sep 2021, 1:20 pm
This leads to a twisted conclusion that dictionaries include trademarks as IP (not surprisingly), so “that inclusion implies the right to publicity by analogy [because] the right of publicity and trademark are close analogues. [read post]
23 Sep 2021, 3:58 am
In their view, if the product is not protected by a patent or a trademark or a contract, why should they not go out and sell it? [read post]
21 Sep 2021, 10:03 am
We deal with federal and state licensing for alcohol production and sales and trademark work. [read post]
20 Sep 2021, 5:29 pm
It will go into effect January 1, 2022, and will only apply to agreements entered into after that date. [read post]
20 Sep 2021, 1:15 pm
Alternatively, the applicant can continue to engage with the examiner (which may require filing a Request for Continued Examination and paying the associated fee) or can let the application go abandoned. [read post]
20 Sep 2021, 1:13 pm
Also note that a sponsorship deal with an athlete isn’t going to get you access to the school’s logos or other trademarks. [read post]
20 Sep 2021, 11:32 am
If the unauthorized use of his image suggested his endorsement of Robinhood, then he would suffer injury in fact [for trademark law purposes -EV]. [read post]
20 Sep 2021, 10:05 am
That case involved a recall order based on a trademark/trade dress claim. [read post]
20 Sep 2021, 9:21 am
So what is going on here? [read post]
TM infringement and false advertising claims related to putative open source software "fork" succeed
16 Sep 2021, 7:34 am
It has trademark registrations for the word mark “NEO4J. [read post]
15 Sep 2021, 9:26 pm
As a result, I undertook as a priority to assess how these fledgling and complex reforms were going, and to make improvements where needed. [read post]
14 Sep 2021, 10:18 pm
Again, the injunction--if and when it actually gets enforced--is not going to be a major problem for Apple. [read post]
14 Sep 2021, 10:20 am
MoneyMutual * FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising * Competitive Keyword Advertising Lawsuit Will Go To A Jury–Edible Arrangements v. [read post]
13 Sep 2021, 10:34 pm
I can’t claim to be keeping close tabs on what’s going on in theBarbie / Bratz trademark litigation. [read post]
13 Sep 2021, 7:28 am
See e.g., China Trademarks and the Real Life Meaning of First to File. [read post]
10 Sep 2021, 10:30 am
By its terms, Title III did not go into effect immediately. [read post]
10 Sep 2021, 7:33 am
I’m only going to discuss a few highlights, but it makes useful reading for those seeking a review of case law on admissibility for experts in false advertising cases. [read post]
9 Sep 2021, 5:50 am
So I go with Aftermath reviews. [read post]
8 Sep 2021, 7:13 am
[I think what this gets at is that surveys can detect secondary meaning, but they’re not going to be great at distinguishing among conceptual categories, and why would they be? [read post]
