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Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

The IPKat

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Unlike trademark law, copyright is not a “use it or lose it” proposition. For now, suffice it to say that Barlow & Bear haven’t exactly dedicated their musical to the public domain.

Music 104
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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. However, there are precautionary steps a company can take to prevent unintended liabilities.

IP 98
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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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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

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.