Originally posted 2016-05-18 19:18:59. Republished by Blog Post PromoterNominative fair use — the “unauthorized” use of a trademark as a trademark specifically to invoke the trademark, as opposed to its “non-trademark” use to describe the alleged infringer’s goods or services use — has now come East, courtesy of the Second Circuit Court of Appeals in […]

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Originally posted 2013-09-16 19:07:51. Republished by Blog Post PromoterBloomberg News reports that “my generation”‘s President is every bit as thoroughly modern as you’d expect.  In other words, no unauthorized drawing down of his icon-equity will be permitted: Yes you can, Brad! Oops, sorry.  The article continues with a decently thorough examination of the issues, quoting […]

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Originally posted 2013-03-15 09:57:32. Republished by Blog Post PromoterSearch Engine Land: Eric Goldman reports that an 11th circuit, US Court of Appeals has upheld a district court’s decision that the use of trademark[-protected] terms in meta tags can cause confusion and thus can constitute trademark infringement. North American Medical Corp. v. Axiom Worldwide, Inc. docket […]

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Originally posted 2012-09-10 06:00:28. Republished by Blog Post PromoterThe AP reports that Ralph Lauren has lost the latest battle in the ongoing tussle between his gazillion-dollar faux-upper-crust-Americana fashion brand and the actual horsey set types who seek to do the same: Ralph Lauren had charged infringement over the use of logos featuring two men playing […]

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Originally posted 2014-01-03 09:49:02. Republished by Blog Post PromoterHere’s what you missed if you’re not yet floating in my social cloud: @VenerAbility: “The twin forces which could destroy Twitter are immature game-playing and PC taken to extremes.”http://bit.ly/Ax0rc @MegLG When trade marks go bad: Hells Angels lose bid to have logo items returned http://ow.ly/lltj @cyberlaw More SCO […]

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Originally posted 2010-08-17 18:21:16. Republished by Blog Post PromoterCan a building be a trademark? Can a photo of a building be a trademark? Can a drawing based on a photo of a building be a trademark? I’d be inclined to answer no, no, maybe. Well, when the Supreme Court of your local country says it […]

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Originally posted 2014-12-03 12:54:52. Republished by Blog Post PromoterEric Goldman: A Colorado judge has reached the remarkable conclusion that a hospital publicizing its star ratings and other recognition from a third party rating service in its marketing material might be committing copyright and trademark infringement. This is a little like saying that it could be […]

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Originally posted 2011-06-07 11:23:48. Republished by Blog Post PromoterAn interesting development on the search-engine trademark infringement beat: In a weird development that looked impossible two years back, search engine giant Google Inc. last week agreed to cooperate publicly with Click Forensics, a click-fraud detection company with which it has had a rocky relationship. . . […]

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