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Recent Posts
- “higher standard of safety” is puffery even as to child car seats
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Tag Archives: trademark
IPSC Breakout Session #5 Platforms & Interfaces/IP Enforcement
Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? Ideas are nothing without financing. Banks will not give loans secured by patents; banking law constraints. How was Silicon Valley Bank able to make loans to startups before … Continue reading
IPSC Breakout Session #1
Too much to choose from; I prioritized things that were new to me. Mark Bartholomew, A Right to Be Left Dead If we can create new works in a dead author’s style after they’re gone and create conversations with them … Continue reading
Posted in Uncategorized
Tagged conferences, copyright, right of publicity, trademark
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IPSC Opening Plenary Session
Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Non expressive uses: … Continue reading
Posted in Uncategorized
Tagged 230, conferences, consumer protection, copyright, false advertising, first amendment, patents, trademark
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Former distributor’s continuing use of “authorized distributor” leads to TM and false advertising claims
Axon Enterprise, Inc. v. Luxury Home Buyers, LLC, No. 2:20-cv-01344-JAD-VCF, |2023 WL 4636917 (D. Nev. Jul. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument … Continue reading
Seen in my travels
Good cafe name: A handbag that probably requires some explanation to today’s students: from Blogger http://tushnet.blogspot.com/2023/07/seen-in-my-travels.html
Generic use in the wild
Are they really super jeep tours? from Blogger http://tushnet.blogspot.com/2023/07/generic-use-in-wild.html
conclusory allegations of confusion don’t allege statutory standing for TM claim
Blacks in Technology Int’l v. Greenlee, 2023 WL 4186376, No. 3:20-CV-3008-X (N.D. Tex. Jun. 26, 2023) On one side: Blacks in Technology International (BIT International), Blacks United in Leading Technology International (BUILT), and Blacks in Technology, Texas (BIT Texas). On … Continue reading
Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?
Industria De Alimentos Zenu S.A.S. v. Latinfood U.S. Corp., No. 16-6576 (KM) (MAH), 2023 WL 4200169, — F. Supp. 3d — (D.N.J. Jun. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against … Continue reading
And Taco Tuesday
Speaking of authenticity, here is a funny WSJ podcast–even if you don’t listen to the whole thing, it’s worth listening to Gregory Gregory claim he invented Taco Tuesday, the discussion of its appearance in the 1930s, and then the last … Continue reading