More Than 40 Years
Publicity Law
SAN FRANCISCO CALIFORNIA INTELLECTUAL PROPERTY LAW BLOG
News and Notes Focused on the 3 Public Faces of IP Law
- Brand Image Protection – Trademark Law
- Visual Image Protection – Copyright Law
- Personal Image Protection – Right of Publicity Law
The Image Protection Law blog has been created in order to share stories and information on the legal aspects of: 1) the marketplace reputation of a company or product captured in its trademark, 2) published or publicly-displayed artwork, photography, and any created visual design, and 3) use of a person’s photograph or likeness for product promotion or other commercial purposes.
The “IP3” share at least one thing in common: Image is everything. In these posts let’s look at what that means in the realm of intellectual property in the news, but let’s also be prepared to explore if there’s something more beyond “everything.” Don’t forget, the intellectual in “intellectual property” doesn’t mean smart or brainy, although by nature true creators often are. The word is used to refer to any creation, i.e., a “product of the mind.” While this blog will be regularly updated, you are encouraged to share your thoughts on these posts.
Trademark: What is “aesthetic functionality” and should it matter?
Aesthetic functionality is a confusing, controversial concept in trademark law, which the U.S. Court of Appeals for the 9th Circuit will soon reconsider. A 1980 9th Circuit case called International Order of Job’s Daughters v. Lindeburg & Co....
SCOTUS protects “scandalous” trademarks in 2019
In a Supreme Court of the United States (SCOTUS) decision, the Court found a statutory bar to trademark protection was unconstitutional. The year 2020 promises to bring more in the realm of trademark law, and it will be reported here when it happens. Clothing...
Ninth Circuit looks at copyright dispute over “The Shape of Water”
Anyone who saw the Best Picture winner "The Shape of Water" is likely to agree that it is a haunting film that uses elaborately detailed, blue sets with unexpected, random shots of water in a variety of circumstances throughout to create a mesmerizing visual story....
Two cosmetics giants sparring over “LASH LOVE”
When you walk through a cosmetics store, the sheer number of brands and variations on packaging can be overwhelming. Translate that into the volume of intellectual property that brand owners must protect in the marketplace and there are certainly going to be...
Product counterfeiting a big concern in the gift-giving season
The massive increase in retail sales - both from brick-and-mortar stores and from internet sources - that accompanies the holiday season can create the perfect storm within which counterfeiters can try to launch their masquerading products, hoping to go unnoticed in...
NCAA to loosen ban on college athletes’ use of own personas
We recently told readers about a California bill under consideration in the state legislature called the Fair Pay to Play Act. Since then, the legislation has become law and will take effect in 2023. California's move is groundbreaking in the world of...
Can a landlord be liable for trademark infringement by a tenant?
When a third party directs or contributes to trademark-infringing activity of another party, the direct infringer’s liability is clear, but the third party may also be liable under the concept of contributory infringement. The U.S. Supreme Court said in 1982...
Will USPTO grant a new trademark that includes quotation marks?
Off-White is a popular Italian company affiliated with designer Virgil Abloh, creator of the line MARKERAD in collaboration with IKEA. MARKERAD items became available for sale at IKEA on Nov. 1. Some of the branded products at IKEA contain Abloh's signature use of...
When must a trademark infringer disgorge its profits?
The U.S. Supreme Court released its January 2020 oral argument calendar and it schedules argument in an important trademark infringement case. On Jan. 14, the fourth case heard in the new year will be Romag Fasteners v. Fossil Inc., requiring the justices to decide...
Aggressive trademark enforcement is a complex business decision
The ongoing story of a Utah-based online retailer and its efforts to preserve its trademark interests in the word “backcountry” provides a fascinating look into the careful consideration a business must conduct of potential outcomes of such a campaign....
