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Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Technology & Marketing Law Blog

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” Nature of Use. “IJR has less of a case for ‘transformative’ use than the Andy Warhol Foundation did in Warhol. ” The district court granted summary judgment to IJR.

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Nominative fair use requires D to prevail on all 3 factors in 9th Circuit, district court concludes

43(B)log

16, 2024) The court grants plaintiff's motion for reconsideration of parts of this case, discussed previously. Thus, here, LHB used more of the Taser mark than necessary when it used its distinctive lettering and logo, and Axon was entitled to summary judgment in its favor on infringement. Luxury Home Buyers, LLC, F.Supp.3d

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Show the pictures to your clients and say “this is descriptive fair use”: Solid 21 v Breitling (2d Circuit RED GOLD)

LexBlog IP

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination.

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Use of competitor's photo in comparative ads caused no (c) damage, appeals court holds

43(B)log

4th -, 2024 WL 1590590, No. Appellee I Dig Texas tried to appeal to consumers’ preference for American-made products; it used Creager’s photographs of its China-made Montana Post Drivers as part of its advertising. There was no showing that I Dig Texas “made any money from the advertisements bearing the copyrighted images.”

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Earth, Wind & Infringement: TM owner succeeds against overclaiming "reunion" band

43(B)log

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). But with nominative fair use, courts engage in more unfair competition/normative reasoning. Earth, Wind & Fire IP, LLC v.

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SpicyIP Weekly Review (8 April- 14 April)

SpicyIP

Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Read on to learn more.

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Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Technology & Marketing Law Blog

Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Case citation : Hayden v.