Airs Aromatics, a purported owner of an ANGEL DREAMS trademark, filed a lawsuit against Victoria’s Secret alleging breach of contract claims and requesting cancellation of Victoria’s Secret’s registered DREAM ANGELS trademark.
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Dekuzu Posts
First, the Office recommends that Congress clarify the distinction between “actual knowledge” and “red flag knowledge.” Court decisions interpreting the red flag knowledge provision have often required a level of specificity regarding the types of information from which infringing activity is present as to blur the line between actual and red flag knowledge and conflate the existence of either knowledge type with receipt of a takedown notice from a rightsholder.
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The question at issue here is whether a term that takes the form “generic.com” is generic in the ordinary course. In the Breyer’s view, appending “.com” to a generic term ordinarily yields no meaning beyond that of its constituent parts. Because the term “Booking.com” is just such an ordinary “generic.com” term it is not eligible for trademark registration.
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The combined application of the preferred options would affect all types of stakeholders differently, but is not expected to result in any disproportionate impact on a specific category of stakeholders.
Comments closedThe U.S. Copyright Office may register a claim to copyright in a pantomime, provided that the work constitutes copyrightable subject matter under Section 102(a)(4) of the Copyright Act and provided that it contains a sufficient amount of original authorship.
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VIP Products sells the “Bad Spaniels Silly Squeaker” dog toy, which resembles a bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey, but has light-hearted, dog-related alterations. For example, the name “Jack Daniel’s” is replaced with “Bad Spaniels,” “Old No. 7” with “Old No. 2,” and alcohol content descriptions with “43% POO BY VOL.” and “100% SMELLY.”
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Key points:
- Rights holders can avail of civil enforcement measures against both direct infringers and intermediaries.
- A wide spectrum of blocking injunctions can be sought against internet access providers to repress IPTV infringements.
- Internet intermediaries can receive orders to disclose information on infringers; however, disclosure of information on end-users of illegal IPTV services may not be compatible with EU data protection law.
- Criminal measures are also available in all EU Member States against IPTV infringers on a commercial scale.
- Import and sale of IPTV devices may be prohibited on the ground of non-compliance with EU standards on radio equipment.
The question this case presents: Has “registration… been made in accordance with Title 17” as soon as the claimant delivers the required application, copies of the work, and fee to the Copyright Office; or has “registration… been made” only after the Copyright Office reviews and registers the copyright?
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Secondary Liability
Secondary liability doctrines enable copyright owners to bring claims against third parties that have some relationship to persons who themselves commit infringement (i.e., “direct” infringers). As the Supreme Court has noted, “although ‘the Copyright Act does not expressly render anyone liable for infringement committed by another,’ these doctrines of secondary liability emerged from common law principles and are well established in the law.”
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Whether a data-center service provider has taken adequate “simple measures” to avoid contributory copyright infringement if it forwarded notices of such infringement to the hosting website – and every alleged infringed material was taken down.
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