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

IP and Legal Filings

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

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Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement

43(B)log

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

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Court Quashes 512(h) Subpoena Submitted to YouTube–Watch Tower v. Kevin McFree

Technology & Marketing Law Blog

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. This factor weighs slightly against fair use.

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Twitter Can’t Quash a 512(h) Subpoena

Technology & Marketing Law Blog

The court says that instead of doing a First Amendment analysis, it’s possible that a fair use analysis is sufficient for 512(h) subpoenas (citing Eldred for the principle that fair use is the First Amendment safety valve to copyright infringement). Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

Fair Use 111
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The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

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Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter

Technology & Marketing Law Blog

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

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Top Trademark Trends of 2022

Erik K Pelton

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. 2015: [link].

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