INCONTESTABLE® Blog

INCONTESTABLE® Blog

Netflix Prevails in Copyright Infringement Suit Regarding Tiger King Netflix Prevails in Copyright Infringement Suit Regarding Tiger King

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Supreme Court Recalibrates Contributory Copyright Liability Supreme Court Recalibrates Contributory Copyright Liability

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TTAB Affirms Refusal of MARIO’S for Clothing Due to Likelihood of Confusion with MARIO’S 3.10 for Retail Apparel Stores TTAB Affirms Refusal of MARIO’S for Clothing Due to Likelihood of Confusion with MARIO’S 3.10 for Retail Apparel Stores

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Federal Circuit Reverses TTAB’s Determination that Trademarks Are Dissimilar Due to Lack of Evidence Federal Circuit Reverses TTAB’s Determination that Trademarks Are Dissimilar Due to Lack of Evidence

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TTAB Partially Cancels GUIDEON Trademark: Confusion Found for Employment Services, Not for Educational Offerings TTAB Partially Cancels GUIDEON Trademark: Confusion Found for Employment Services, Not for Educational Offerings

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TTAB Reverses Refusal of C SHARPE Mark: Slash in Mark Does Not Prevent Specimen from Being a “Substantially Exact Representation” of Drawing TTAB Reverses Refusal of C SHARPE Mark: Slash in Mark Does Not Prevent Specimen from Being a “Substantially Exact Representation” of Drawing

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Federal Circuit Confirms that Doll Collector (and Law Professor) Lacks Standing to Challenge Registration of RAPUNZEL for Dolls Federal Circuit Confirms that Doll Collector (and Law Professor) Lacks Standing to Challenge Registration of RAPUNZEL for Dolls

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Two Consequential Rulings Find Fair Use Where Copyrighted Works Were Used to Train LLMs Two Consequential Rulings Find Fair Use Where Copyrighted Works Were Used to Train LLMs

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Ivy Group Blocks Trademark Registration of IV LEAGUE NURSE CONCIERGE, INC. for IV Therapy Services, Claiming Dilution of the Famous IVY LEAGUE Marks Ivy Group Blocks Trademark Registration of IV LEAGUE NURSE CONCIERGE, INC. for IV Therapy Services, Claiming Dilution of the Famous IVY LEAGUE Marks

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Federal Circuit Upholds TTAB Decision to Refuse “US SPACE FORCE” Registration Based on False Suggestion of Government Affiliation Federal Circuit Upholds TTAB Decision to Refuse “US SPACE FORCE” Registration Based on False Suggestion of Government Affiliation

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E.D. Va. Confirms Cancellation of General Cigar’s COHIBA Marks under Inter-American Convention E.D. Va. Confirms Cancellation of General Cigar’s COHIBA Marks under Inter-American Convention

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TTAB Blocks Registration of CUADRA Trademark Due to Lack of Intent to Use in U.S. TTAB Blocks Registration of CUADRA Trademark Due to Lack of Intent to Use in U.S.

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TTAB Cancels Registration on Grounds of Abandonment as Respondent Fails to Prove Special Circumstances Excusing Nonuse TTAB Cancels Registration on Grounds of Abandonment as Respondent Fails to Prove Special Circumstances Excusing Nonuse

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TTAB Refuses Registration of “ECOTWEED” for “Footwear Made of a Tweed-Like Material” Based on Deceptiveness TTAB Refuses Registration of “ECOTWEED” for “Footwear Made of a Tweed-Like Material” Based on Deceptiveness

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DC Circuit Holds That AI Systems Are Not “Authors” for Purposes of Copyright DC Circuit Holds That AI Systems Are Not “Authors” for Purposes of Copyright

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‘Defendant’ Means Defendant – SCOTUS Reverses District Court’s $43M Award of Affiliates’ Profits for Trademark Infringement ‘Defendant’ Means Defendant – SCOTUS Reverses District Court’s $43M Award of Affiliates’ Profits for Trademark Infringement

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Thomson Reuters Enter. Centre GmbH et al v. ROSS Intelligence Inc. Thomson Reuters Enter. Centre GmbH et al v. ROSS Intelligence Inc.

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Second Circuit Denies Rehearing En Banc, Affirming No Reasonable Jury Could Find Sheeran’s “Thinking Out Loud” and Gaye’s “Let’s Get It On” Are Substantially Similar Second Circuit Denies Rehearing En Banc, Affirming No Reasonable Jury Could Find Sheeran’s “Thinking Out Loud” and Gaye’s “Let’s Get It On” Are Substantially Similar

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USPTO Trademark Fees: Changes for 2025 USPTO Trademark Fees: Changes for 2025

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USPTO to Target Fake Trademark Specimens of Use With Expanded Audit Program USPTO to Target Fake Trademark Specimens of Use With Expanded Audit Program

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Librarian of Congress Adopts New Exemptions Under Section 1201 of the DMCA Librarian of Congress Adopts New Exemptions Under Section 1201 of the DMCA

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Internet Archive’s Digital Lending Library Not Protected by Fair Use, Second Circuit Finds Internet Archive’s Digital Lending Library Not Protected by Fair Use, Second Circuit Finds

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DMCA Survives Another First Amendment Challenge DMCA Survives Another First Amendment Challenge

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U.S. Copyright Office Says New Federal Right “Urgently Needed” to Protect Individuals from Unauthorized Deepfakes U.S. Copyright Office Says New Federal Right “Urgently Needed” to Protect Individuals from Unauthorized Deepfakes

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Going for Advertising Gold: Guidelines for Advertising During the Olympic and Paralympic Games Going for Advertising Gold: Guidelines for Advertising During the Olympic and Paralympic Games