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Harpic v. Domex:Product disparagement or nominative fair use?

IP and Legal Filings

Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. Following are the measures to be taken care of while taking nominative fair use as a defence – The use of the registered trade mark was bonfide. No sponsorship or endorsement.

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2nd Circ. Affirms Breitling Fair Use Win In 'Red Gold' TM Suit

IP Law 360

fairly used the phrase "red gold" to describe the color of its products after a California jeweler with a 2003 trademark registration battled the Swiss watchmaker over its use of the phrase. A split Second Circuit panel on Thursday affirmed a Connecticut federal judge's decision that Breitling USA Inc.

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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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Plagiarism Police come for Winston & Strawn

Patently-O

I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attorneys involved. The court ruled in favor of the defendants, holding that their use of the briefs constituted “fair use” under the Section 107 of the Copyright Act.

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3 Count: Extrinsic vs. Intrinsic

Plagiarism Today

First off today, Massimo Capizza at the National Law Review reports that the Supreme Court of the United States has denied certiorari in a case over the 2003 Josh Groban song You Raise Me Up , leaving a circuit split in place over how to determine substantial similarity between two works. Let me know via Twitter @plagiarismtoday.

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EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrari’s Testarossa is genuine use of the trade mark

The IPKat

According to the Board, the reference to the trade marks by traders only amounted to qualified descriptive use, in the context of exhaustion or fair use, pursuant to Articles 15 and 14 EUTMR.

Fair Use 117
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Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. The Supreme Court’s seminal fair use decision, Campbell v.