Technology & Marketing Law Blog

JANUARY 17, 2024

Even if the verbatim copying qualifies as putative infringement, many republications are likely to be covered by fair use. Note: I tested on the copyrightability of contracts in my 2002 Copyright final exam (see my sample answer ). See, e.g., White v. West Publishing (not cited by this court). See also Prof.

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Copyright Copying Copyright Infringement Editing 47

Technology & Marketing Law Blog

DECEMBER 11, 2023

2d 410, 414-415 (SDNY 2002)) that the Supreme Court expressly used to “offer as one last example” of “a case with a striking resemblance” in which the Rogers test was cabined. The Vans decision highlights the constrains the Jack Daniel’s decision has placed on fair use arguments in trademark disputes. Tam , 582 U.S.

Blogging 112

Blogging Trademark Branding Brands 112

Copyright Lately

DECEMBER 12, 2022

” The Court held that 2 Live Crew’s version qualified as a non-infringing fair use because it was a parody that sufficiently transformed the Orbison original. On March 8, 1994, The New York Times reported 2 Live Crew’s Supreme Court fair use victory. Lil’ Joe Makes a Deal.

Copyright 103

Copyright Music Fair Use Social Media 103

SpicyIP

JULY 29, 2021

The question of copyrightability of fonts first came up for judicial consideration in 2002, before the Copyright Board in Re Anand Expanded Italics wherein the Board held that fonts are not copyrightable. Some of the reasons put forth by the Board in support of this decision has found support outside of this order as well.

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Copyright Artistic Work Copyright Law Fair Use 126

43(B)log

AUGUST 4, 2023

Partly in response to NJ’s 2002 law—once there’s a smart gun, manufacturers have to switch to it w/in 30 months, though NJ backed off and just required retailers to stock it, but still infuriated gun rights advocates who boycotted Colt and Smith & Wesson who then got out of the market entirely. The 1201 review illuminates the problem.

Copyright 52

Copyright Fair Use Marketing Marketing 52

SpicyIP

JULY 13, 2021

Similarly, the Competition Act, 2002 (object clause) aims to “prevent practices having an adverse effect on competition, to promote, and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India.”.

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Advertising Advertising Branding Brands 105

SpicyIP

DECEMBER 30, 2023

CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. Setting aside the Single Judge orders in Ericsson v. CCI and Monsanto v. Acko General Insurance. Delhi High Court passed an interesting order in Anubhav Jain v.

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IP Copyright Trademark Intellectual Property 124

LexBlog IP

SEPTEMBER 29, 2022

In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 3137680), the lightsaber sound from Star Wars (as Reg. 3618321), and “[t]he NBC chimes sequence [, which] actually became the first ‘purely audible’ service mark to register with the USPTO in 1950.”

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Trademark Registration Music Intellectual Property 52