Popular, Fair Use, Trademarks

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

Miller Canfield on 5/10/2024

Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more

Mickey Mouse headed to the public domain but what can you do with it?

Vondran Legal on 12/27/2023

Mickey Mouse is one of the most prolific cartoon characters of all time. Walt Disney incorporated in 1923 and first aired a video of Mickey Mouse (which I shall refer to as Mickey Mouse 1.0) in the short cartoon "Steamboat...more

Recent Trends in Generative Artificial Intelligence Litigation in the United States

K&L Gates LLP on 9/6/2023

Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

Intellectual Property Law: Looking Forward to 2023

Cadwalader, Wickersham & Taft LLP on 12/16/2022

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Protecting Your IP in the Metaverse

Fox Rothschild LLP on 5/25/2022

“Danger, Danger Will Robinson!” That was the warning of the guardian robot in the 60’s television show, Lost in Space. Intellectual property lawyers are giving similar warnings when it comes to protecting intellectual...more

Hidden Trademark Landmines In Comparative And Compatibility Advertisements

Weintraub Tobin on 5/3/2019

Nespresso has filed a lawsuit against Jones Brothers Coffee Distribution Company alleging trademark and trade dress infringement. In support of its trademark infringement claim, Nespresso alleges that Jones Brothers’ use of...more

Trademarks: How (Not) to Strip the Leather Jacket off the Biker's Back

Fenwick & West LLP on 4/1/2019

The Central District Court of California has held that the First and Eighth Amendments protect the trademark-registered emblems of the Mongol Nation motorcycle club from forfeiture. ...more

Intellectual Property Bulletin - Winter 2019

Fenwick & West LLP on 1/18/2019

Deregulation is the New Buzzword in Washington — Except in the Tech Industry - The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on 7/11/2018

In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Oh, the Places Copyright and Trademark Law Go!

Manatt, Phelps & Phillips, LLP on 1/4/2018

In a case described by the judge as presenting an “important question regarding the emerging ‘mash-up’ culture,” a jury will consider the copyright and trademark claims raised by a Star Trek version of Dr. Seuss’s Oh, the...more

Top Ten Urban Legends of Intellectual Property

Shumaker, Loop & Kendrick, LLP on 6/7/2017

1. Poor Man’s patent/copyright: mail yourself a copy of what you want protected and don’t open it.The sealed information can then be used to prove ownership of the intellectual property contained in it. While this may...more

Celebrity Brands: The Line Between Fair Use and Infringement

Jaburg Wilk on 12/15/2016

All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

Akerman LLP on 5/30/2016

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

Intellectual Property Bulletin - Spring 2016

Fenwick & West LLP on 5/19/2016

Supreme Court to Weigh In on Damages for Design Patent Infringement - Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s...more

6 Unique Challenges for Protecting and Exploiting Intellectual Property in the United Arab Emirates

Latham & Watkins LLP on 3/21/2016

The United Arab Emirates (UAE) is an attractive global business centre and gateway to the wider Middle East region for international companies seeking to commercialise and exploit their brands, products and technologies. ...more

Trademarks in the Crosshairs: Non-Trademark Use of a Descriptive Term - Sorensen v. WD-40 Co.

McDermott Will & Emery on 8/10/2015

Addressing likelihood of confusion and the fair use defense in a trademark infringement suit pertaining to corrosion inhibitors, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s summary judgment...more

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

The House That Juice Built: TTAB Denies Registration To Parodies

Akerman LLP - Marks, Works & Secrets on 5/13/2015

On May 8, 2015, the Trademark Trial and Appeal Board (the “Board”) issued a resounding blow to trademark applicants who seek to register others’ trademarks as parodies. In New York Yankees Partnership v. IET Products and...more

Federal Government Wins Trademark Battle to Shut Down “Voice of America” Website with “Undeniable Governmental Aesthetic”

Since its first broadcast on February 1, 1942, the Voice of America radio service (VOA) has aired countless hours of programming in dozens of languages to what is currently an estimated global audience of over 100 million...more

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