Intellectual Property Law Blog
JUNE 16, 2023
1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. With regard to dilution, the Ninth Circuit held that VIP was protected by the fair use exception for noncommercial uses. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 1125(c)(3)(A).
IPilogue
DECEMBER 7, 2021
Lamont Abramczyk is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice.
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Intellectual Property Law Blog
JUNE 5, 2023
s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use. 107), “when it conveys a different meaning or message from its source material.”
IP and Legal Filings
MARCH 5, 2024
It gave them the ability to sue in court to stop infringement and recover damages for unapproved use of their marks. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action. ’s trademark and cybersquatting.
Technology & Marketing Law Blog
DECEMBER 13, 2023
And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.
JIPEL Copyright Blog
MARCH 21, 2022
scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. Melee , know this better than anyone.
Technology & Marketing Law Blog
JUNE 21, 2023
As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,
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