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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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“Wavy Baby” Case Tests Definition of an Expressive Work
Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive w...
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Priority “UNTAMED”: Enforceable Priority in Madrid-Registered Mark Does Not Require Use of Mark Before Infringement Commences, Says Ninth Circuit
The general rule under U.S. trademark law is that the first to use a trademark in U.S. commerce has priority in the mark over other "would-be" users of the same, or confusingly similar, mark. This applies in both common law and as to rights...
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THC-Infused Candies are All Tricks, No Treats, Says Candy Maker
Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats. The suits, filed in Ca...
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Animated IP: A Series of Answers to Your Questions from Rose City Comic Con
In this upcoming series of posts, Animated IP, team members will answer your questions from their panel at the 2019 Rose City Comic Con. This is the first post in the series. --- Question 1: I am drawing my uncle’s memoir with the goal of getting it...
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Washington Court Allows California Cannabis Business to Sue for Trademark Infringement
A California cannabis company can sue in Washington State for infringement of its trademark by a Washington marijuana producer, according to an October 29 opinion issued by Washington’s Court of Appeals, Division One. Headspace International had sued...
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Ninth Circuit Says Having an IP Address is Not Enough for Infringement: Cobbler Nevada v. Gonzales
Anyone with an internet connection can find copyrighted content to download—legally or illegally. But the Ninth Circuit has now held that the mere fact that a rightsholder can show an individual is connected to the IP address through which illegal do...
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