Technology & Marketing Law Blog

MAY 30, 2022

Courts in the Fifth Circuit consider: (1) the type of mark allegedly infringed; (2) the similarity between the two marks; (3) the similarity of the products or services; (4) the identity of retail outlets and purchasers; (5) the identity of the advertising media used; (6) the defendant’s intent; and (7) actual confusion.

Blogging 90

Blogging Social Media Television Fair Use 90

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Fanworks is a good example where fair use is important. A distinct set of works.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

APRIL 7, 2023

The nonprofit I work with, the Organization for Transformative Works (“OTW”) was established in 2007 to protect and defend fans and fanworks from commercial exploitation and legal challenge. Likewises, as a nonprofit, the Archive of Our Own doesn’t try to make itself sticky for users or advertisers even though it has registered accounts.

Art 64

Art Licensing Designs Design 64