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December 2019 Archives

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.

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 disputes.

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 the flurry of purchases. We have previously posted about counterfeiting, in which we explained that counterfeiting is an illegal attempt to pass off a copied product in the marketplace as having been placed there by the legitimate owner of the associated trademark.

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 collegiate athletics that has for so long been subject to the nonprofit - but powerful - National Collegiate Athletic Association and its requirement that student athletes remain amateurs.

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 that the manufacturer of generic drugs could be contributorily liable for trademark infringement for providing their product to pharmacists who were using the protected brand name on the labels, in the case of Inwood Laboratories, Inc. v. Ives Laboratories, Inc., explains a comprehensive article in IPWatchdog.

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