Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. Prior Posts on Section 512(f).

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Registration Fair Use Copyright Designs 111

LexBlog IP

DECEMBER 6, 2021

One interesting note on copyright protection is that copyrighted materials are subject to the “fair use” doctrine, meaning that judges hold case-by-case flexibility to determine if the unauthorized uses of copyrighted material are permissible under four guiding factors. Patent Protection for Functionality.

Intellectual Property 52

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43(B)log

FEBRUARY 18, 2022

A: contracts were confidential but may be able to talk about standard terms. A: History differs a lot—US foundation for ROP was set much earlier. Justin Hughes The Sub Rosa Rules of Copyright Fair Use Two competing descriptions of fair use: (1) Vague, unpredictable, ad hoc. (2) What’s going on?

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Fair Use Contracts Litigation Copying 59

SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. Around a decade ago, Google was caught in some similar controversy over its Google Books Library Project where its use was held permissible under fair use. Feels like history is repeating itself.

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Personality Rights IP Licensing Copyright 59

SpicyIP

DECEMBER 30, 2023

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. on March 30, the Court underscored the importance of specific details in examining confidentiality claims.

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Copyright Lately

MARCH 6, 2023

Cameron Boyce ( Runt ) Wagging Tails claims that the threatened disclosures would violate Coakley’s confidentiality agreement. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense. LFP , Inc. , In 2021, Rachel Dolezal filed a copyright infringement lawsuit against CBS Interactive.

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Copyright Derivative Work Fair Use Social Media 77

Copyright Lately

OCTOBER 23, 2023

For someone accused of treating classified documents with about the same care as old CVS receipts , Donald Trump is going to great lengths to keep his deposition testimony in a long-running copyright infringement case confidential, redacted, and permanently under seal. What was the purpose of this Tweet or Retweet?

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Copyright Fair Use Music Copyright Infringement 97

43(B)log

APRIL 7, 2023

In Council, we had proposals for staydown; Netherlands asked for a modest duty of care; Germans wanted a 24-hour deadline copying NetzDG; Parliament wanted liability exemption for marketplaces except for illegality; staydown; and prohibition of automated filtering that would have prevented spam filters. Substitutes for fair use.

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Due Diligence Copyright Art Fair Use 52

LexBlog IP

APRIL 20, 2022

It has been noted as to the US Supreme Court’s requirement that it render before its summer break decisions in all cases argued in the current term and dispose of as many cert. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,” ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

43(B)log

FEBRUARY 3, 2024

Prince: “Prince testified his purpose was simply to ‘make art’ and ‘have fun’”—rejecting fair use, repeatedly emphasized in opinion. Harry Potter Lexicon: “Perhaps b/c [D] is such a Harry Potter enthusiast, the Lexicon often lacks restraint in using Rowling’s original expression” Salinger v.

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IP Marketing Marketing Patent 59