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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. The whole point of copyright preemption is that Congress sought to prevent states from infringing on the public domain and undermining key concepts of copyright law.

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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Which Type of Intellectual Property Law Is Right for You. © Steve Schlackman (1975).

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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

The result is that Intellectual Property is often left unprotected or undefended. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. For more details on copyright, download our free eBook, The Law of Creativity , using the form in the sidebar.

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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

Arguably this type of expression should remain in the public domain available for use by everyone in connection with their goods or services unless it is protected by another intellectual property law. Such words and symbols are also less likely to function as a source-identifying mark.