FiveSeventeen, to Life
@FiveSeventeen@bahn.social avatar

Good news from the German antifa and related organizations scene: copyright protection.

A small group based in Germany has begun buying the Trade Mark rights to certain words and phrases - mainly abbreviations of words associated with extreme right wing groups and movements often aligned with the ideals of the original Nazis - so have them removed from the marketplace.

Companies producing these slogans will now be forced to remove them from their catalogs, from the stores and from sale, or face legal fines.

Article in German: https://www.tagesschau.de/inland/laut-gegen-nazis-enness-markenrechte-100.html

SADLady, to tesla
@SADLady@mastodon.social avatar
jblue, to food
@jblue@mastodon.world avatar

https://www.today.com/food/people/chili-crunch-brand-responds-to-david-chang-rcna147083

I found it really upsetting that Momofuku would come down on a woman-owned small business after trademarking a common name for an internationally widespread condiment. In the article, she says the public outcry hasn't led to actual sales so I got her sambal chili crunch and rendang curry paste. (Her legal bills are pretty extreme.) Wish her the best. ❤️

#food #cooking #SmallBusiness #trademark #Momofuku #Homiah

wagesj45, to random
@wagesj45@mastodon.jordanwages.com avatar

Alt + 0153 = ™

Just FYI. :)

drrimmer, to random
@drrimmer@aus.social avatar
michaelmattioli, to random

Excited to share my latest article for The Conversation: "Don’t let ‘FDA-approved’ or ‘patented’ in ads give you a false sense of security." (This describes a longer article in Maryland Law Rev. coming out soon.) https://theconversation.com/dont-let-fda-approved-or-patented-in-ads-give-you-a-false-sense-of-security-215998

universalhub, to coffee
@universalhub@mastodon.online avatar

Coffeehouse chain in Upstate New York says it has grounds to sue coffeehouse with the same name

https://www.universalhub.com/2024/coffeehouse-chain-upstate-new-york-says-it-has

bwaber, to random
@bwaber@hci.social avatar

It was a relaxing start to the long weekend, which meant I had a bunch of time to listen to talks for my ! (1/11)

bwaber,
@bwaber@hci.social avatar

Next was a fantastic talk by @rtushnet on trademark law in a time of doctrinal shifts at Duke. Tushnet clearly articulates why and how trademark law is different from copyright law, how recent judicial shifts in the US are impacting trademark law, and considers how drunk one would have to be to mistake a bottle of Jack Daniels for a parody dog toy. Highly recommend https://www.youtube.com/watch?v=SmeK6j4wrkM (9/11)

drrimmer, to superbowl
@drrimmer@aus.social avatar
drrimmer, to FreeSpeech
@drrimmer@aus.social avatar

First Amendment Neglect in Supreme Court Intellectual Property Cases

Mark A. Lemley
Stanford Law School

Rebecca Tushnet
Harvard Law School
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4691950
@marklemley @rtushnet

drrimmer, to random
@drrimmer@aus.social avatar
BenjaminHCCarr, to random
@BenjaminHCCarr@hachyderm.io avatar

's Sued Its Over . A Judge Just Threw the Case Out.
Trader Joe's was an "obvious" ploy to gain an edge over the union, , the judge from the California Central said in their decision to dismiss. https://www.vice.com/en/article/wxjyq4/trader-joes-sued-its-union-over-tote-bags-a-judge-just-threw-the-case-out

Motherboard, to random

Trader Joe's trademark lawsuit was an "obvious" ploy to gain an edge over the union, the judge said in their decision to dismiss.
https://www.vice.com/en/article/wxjyq4/trader-joes-sued-its-union-over-tote-bags-a-judge-just-threw-the-case-out?at_medium=Social%20media&at_campaign=Mastodon
's

shiri, to random

Hey there, autistic with a special interest in intellectual property law...

Chime in below if you'd like me to actually debunk the misinformation going around about Mickey Mouse's public domain status.

I'm low on energy so I'll save my rant until I know someone actually cares to learn what I know...

atbeaune, to ip
@atbeaune@vivaldi.net avatar

You've heard the news about 'Steamboat Willie.' For ongoing news about the growing number of resources available to you in the public domain, check out Public Domain Review—a valuable news site with extensive listings and a free newsletter.

https://publicdomainreview.org/


youronlyone, to Disney
@youronlyone@c.im avatar

By the way, don't be confused between and . These two are totally different.

Let's use Mickey and Minnie Mouse.

While the earliest versions of Mickey Mouse and Minnie Mouse are now in the it does not mean you can freely create and sell your own merchandise with them on it. That falls under Trademark.

Copyright covers works of art like the character, the stories, literary works, music. In the Mickey and Minnie Mouse case, the images and stories, and the character art itself, are now in the Public Domain.

However, using these characters as in a merchandise like mugs and t-shirts is not under Copyright, it is under Trademark. Disney still holds the Trademark rights for these characters.

You can draw Mickey and Minnie. You can create new stories for them. Not only that, but you can write a new literary work, say a novel or a children's book or a film, based on the earliest versions of these characters. Just not anything that falls under Trademark.

If you are going to do something that you think might fall under Trademark law, the best course of action is to ask . If they say it doesn't fall under Trademark law, then keep that reply, as it is your proof they gave you permission. Otherwise, try to negotiate if you really need it.

So, again, Copyright (and in this case Public Domain) is totally different from Trademark. Many countries choose to call these two as . While it is correct (and confusing), they are different and there is no overlap between them. They have completely separate uses/coverage.

and , however, it doesn't mean you can't study Copyright and Trademark laws.

SADLady, to Georgia
@SADLady@mastodon.social avatar

Well, I just came across a case in a different state.

If it looks like a , reads like a and has regular filings like one ...

Then it's gotta be a lawsuit going under a slightly different title.

One big difference, in the default papers it actually details the amount each defendants Statutory damages. It also seems to highlight that their previous 5 cases from 2022 hasn't apparently done anything to deter 1 named defendant.

blakereid, to generativeAI
@blakereid@mastodon.lawprofs.org avatar

Here’s another copyright suit against and , this time from the New York Times. Things to watch:

  1. A crisp reproduction claim on training data assembly
  2. Extensive memorization claims with receipts
  3. A misappropriation (hot news?) claim
  4. A dilution claim against hallucinations

https://www.theverge.com/2023/12/27/24016212/new-york-times-openai-microsoft-lawsuit-copyright-infringement

gnemmi, to Law
@gnemmi@mastodon.sdf.org avatar

The provides 3 tools: and not because they add something new but because they are, ultimately, profitable.

Every other manifestations of human existence was deem economically worthless.

Yet, at least 5 of the richest corps in existences "feed" on those "worthless" manifestations of human existence as their main source of raw material to create the products they appropriate an protect with the same 3 old tools.

The past no longer belong in the new world.

petersuber, to FreeSpeech

This new (@eff) brief has the important goal of striking down the clause in the name of and .
https://www.eff.org/press/releases/licensing-scheme-fair-uses-and-other-speech-violates-first-amendment-eff-argues

But the principle that "Pseudo- Rules Shouldn't Block Free Speech" has the nice side effect of highlighting what's wrong with this otherwise unrelated effort:

"Jewish Americans Try to Trademark Pro-Palestinian 'River to the Sea' Slogan"
https://www.newsweek.com/jewish-lawyer-wants-control-pro-palestinian-river-sea-slogan-1846511

dan613, to ai

Shady advertisers are now cloning the faces and voices of doctors to provide fake endorsements of their product on TikTok. Since TikTok makes money from this, it's unclear if they will do anything about it. An extremely convincing example and the horrified doctor's reaction is linked here:
https://vm.tiktok.com/ZMjwk1hkd/

ai6yr, to threads
@ai6yr@m.ai6yr.org avatar

UK company which owns a trademark to "Threads" suing Meta to stop using the name "Threads"--also claims it was kicked of Facebook for refusing to sell its domain name to Meta. https://www.techspot.com/news/100666-meta-given-30-days-cease-using-name-threads.html

design_law, to random
@design_law@mastodon.social avatar

Hytto Pte. Ltd., the maker of the Lush vibrator line, has filed two separate cases in NDIL:

One alleging design patent & copyright infringement: https://www.scribd.com/document/680491070/Hytto-v-Schedule-A-Complaint-1

One alleging Lanham Act violations: https://www.scribd.com/document/680491113/Hytto-v-Schedule-A-Complaint-2

keen456, to edge

Holy crap- this is a deeply extensive look into the Edge trademark - looks to be a lot less clear than it was 10 years or so.
https://venturebeat.com/games/a-14-year-trademark-battle-over-edge-and-edge-games-comes-to-a-close/

drrimmer, to random
@drrimmer@aus.social avatar
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