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

LexBlog IP

2] Since we last discussed that decision on this blog in June 2021, [3] the Second Circuit reconsidered it following a subsequent landmark Supreme Court decision addressing fair use ( Google LLC v. 4] ), and issued a new decision in which it reached the same result. [5].

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Fourteenth Trademark Scholars’ Roundtable: Are Key Trademark and Unfair Competition Doctrines Anachronistic?

43(B)log

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

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A Brave New World: The NCAA’s New NIL Policy and the Need for Federal Legislation

LexBlog IP

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. This article was written by Josh Escovedo and Michelle Yegiyants.

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A Brave New World: The NCAA’s New NIL Policy and the Need for Federal Legislation

The IP Law Blog

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. This article was written by Josh Escovedo and Michelle Yegiyants.

Law 52
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Fourteenth Trademark Scholars' Roundtable, part 3 (Evidence)

43(B)log

You can get a sense for what the use of the putative mark was like at first use, if your data are rich enough. Skeptical that it could help w/confusion though. New article proposes judging similarity—he’s very skeptical both of cost and whether it tells us anything [we don’t already know]. What about ChatGPT?

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Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A Case About Jack Daniels That Dances Around Trademark Issues And Leaves Some Things To Chew On

LexBlog IP

And the debate continues, with Seattle, Los Angeles, NYC, Fairfax County (Virginia), and Montgomery County (Alabama) for example, having banned its use on or blocked its access on their public school systems and devices, while other educators are advocating its incorporation into the curriculum, according to both Forbes and the New York Times. .

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15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)

43(B)log

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? see also Booking: once source identification is shown, all other issues are dealt with as limitations on rights/incorporated into the confusion test.] Dinwoodie and Janis taken out of context?