IPilogue

NOVEMBER 11, 2021

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. That anyone’s use of a copyright-protected work infringes the copyright owner’s property.

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IP Law 360

OCTOBER 20, 2022

A graphic designer who worked on the racy mixtape cover at the heart of a right-of-publicity suit against rapper Cardi B told a California federal jury Thursday that he never told Cardi B's representatives he picked an internet-sourced image of the plaintiff's distinctive tattoo, believing it was "fair use."

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The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. Weighing the fair-use factors, the Court found in Google’s favor.

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The Art Law Blog

APRIL 4, 2021

The use passed the transformativeness test because "the exhibition transformed the Photo by foregrounding the instrument rather than the performer." Totally consistent with Warhol , and with Cariou before it. All crystal clear.

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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LexBlog IP

AUGUST 2, 2021

Multimedia System Design d/b/a “Crowdsource the Truth, 20-cv-7269 (VEC), SDNY July 20, 2021. On 12(b)(6), Defendant moves to dismiss on grounds of de minimis copyright infringement, copyright fair use, trademark fair use, and absence of trademark confusion. National Academy of TV Arts and Sciences v.

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Plagiarism Today

AUGUST 16, 2022

Next up today, Chis Randall at Elecrive.com reports that Italian Vespa manufacturer Piaggio has lost yet another round in its long-running war with German electric scooter manufacturer Kumpan Electric over the latter’s design. The estate, however, has argued that Warhol’s creations were a fair use.

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Fair Use Copyright Infringement Plagiarism Intellectual Property 208

LexBlog IP

OCTOBER 10, 2023

While iOS is designed to run on Apple devices, CORSEC simulates the iOS operating system on non-Apple hardware, such as a desktop computer.

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Likelihood of Confusion

JANUARY 4, 2024

The post Designer Skin v. The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. Here is the status per this morning’s minute entry in the court’s electronic case. S&L Vitamins trial update appeared first on LIKELIHOOD OF CONFUSION™.

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Designs Design Copyright Infringement Copyright 52

JD Supra Law

JUNE 15, 2023

On June 8, 2023, the United States Supreme Court unanimously ruled in favor of liquor distiller Jack Daniel's in its dispute over a dog toy designed to emulate the recognized whiskey bottle. Through this ruling, the Court clarifies the standards applicable to marks that are both expressive and used to designate source.

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Intellectual Property Law Blog

APRIL 13, 2023

These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. Many uses will be fine, but many will cross a legal line. Some will do so based on intentional design.

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Copyright Lately

JANUARY 23, 2024

She’ll also testify that she had no reason to believe that using a photo as a tattoo could constitute copyright infringement. That said, expect most of the action to center on the fair use defense. A fair use finding may be the only way to ensure that all of these photos aren’t considered to be infringing copies.

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Social Media Fair Use Copyright Infringement Copying 140

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. However, the U.S.

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IP Watchdog

DECEMBER 10, 2021

This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S.

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Social Media Fair Use Patent Application IP 59

Velocity of Content

OCTOBER 19, 2023

The 1976 Act was the first major revision of US copyright law since the 1909 Act , which was passed during the era of Mark Twain, ragtime, player pianos, and early silent films. Harper & Row brought suit and The Nation argued that publishing the excerpts was a fair use.

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Nelligan Law

FEBRUARY 20, 2024

Today, tattoos serve as deeply intimate expressions of identity and selfhood, with each design narrating a unique tale and mirroring the innermost musings, sentiments, and escapades of the wearer. In the realm of tattooing, ascertaining whether a tattoo qualifies as fair use can prove especially challenging.

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Copyright Fair Use Copyright Law Settlement 79

Plagiarism Today

OCTOBER 13, 2022

However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. The Appeals Court ruled against the Warhol estate finding that the images in question were not a fair use. 2: Textile Designer Sues Zulily for Copyright Infringement.

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Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. If the museum is new (built after 1990), copyright law protects the building's design. If you go with the photo.

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Copyright Lately

MARCH 31, 2024

Davis is an eyeglass designer who sued the mall store retailer Gap for a print ad that depicted a model wearing a pair of the plaintiff’s glasses in an advertisement. Fair Use Fair use would typically be the other go-to defense in a case like Atari Interactive v. The Gap, Inc.

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Olartemoure Blog

NOVEMBER 29, 2023

Copyright Protection: Protect your original works like photos, videos, and posts, so you can freely distribute and exploit them, but others will need your permission or a license to use it, unless “fair use” applies. Trademark your Brand: Protect your brand name, logo, or design that distinguishes you.

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Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A).

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Fair Use Trademark Cease and Desist Designs 130

IP Intelligence

SEPTEMBER 20, 2023

If restrictions are placed on the fair use defense and/or a compulsory licensing regime implemented for models that used copyrighted content, such restrictions might apply to computer vision models that enable surgical robotics and autonomous vehicles. AI authorship rules apply regardless of the nature of the claimant.

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Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. ” The court doesn’t address the potential licensing market for the tattoo design. It’s nice to see the court use the Goldsmith case to cement the defense’s fair use win. Or the $50k.

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Copyright Lately

SEPTEMBER 26, 2022

In their trial brief filed earlier this month, defendants asserted that evidence at trial would show that Randy Orton was the final decision-making authority regarding the designs inked on his body, making him the dominant author and owner of his tattoos. Skull arm design. Bible verse design. Upper back design.

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TorrentFreak

DECEMBER 22, 2023

According to the Authors Alliance, IA’s digital ebook library is a prime example of a service that should be permitted to operate as fair use, as it benefits both writers and readers. “Fair use was designed to address precisely this type of market failure. . Thus, CDL should be upheld under fair use.

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IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. Final Call, Inc.,

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Technology & Marketing Law Blog

AUGUST 8, 2021

Copyright Infringement/Fair Use. The Crony graphic appeared as the video’s thumbnail image and in the video’s first 10 seconds, so it was not a de minimis use. The Crony graphic also doesn’t qualify for fair use: Nature of Use. Multimedia System Design , 2021 WL 3271829 (S.D.N.Y.

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Plagiarism Today

SEPTEMBER 23, 2021

It is a law that was designed to let humans govern how other humans use content. Un)Fair Use and Other Questions. This hurts uses that, according to most people, would likely be considered a fair use and non-infringing. Even if that use is a probable fair use.

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Copyright Fair Use Copyright Law Law 287

The IPKat

JULY 17, 2023

The Rogers test has primarily been applied by the courts in situations where a mark is used to perform some form of expressive function rather than designate a work’s source – a topical example being the lawsuit brought by Mattel in the early 2000s in relation to the song Barbie Girl. Bad Spaniels (L), Jack Daniel's (R).

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IP Tech Blog

AUGUST 4, 2023

As many will recall, SCOTUS recently upheld a ruling that an early 1980s Andy Warhol’s photograph of the artist Prince was not fair use. Looking forward, what do we say about other fair uses? You have to look at the use, not the work, but the use.”

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Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. Vila’s Claim.

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Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

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IP Law 360

SEPTEMBER 18, 2023

Netflix can escape a tattoo artist's lawsuit alleging the streaming giant ripped off an image of her Joe Exotic tattoo design for the second season of the true-crime blockbuster "Tiger King," a Pennsylvania federal judge ruled Monday, saying it was fair use in the context of documentary reporting.

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Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

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Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed. Bottom Line.

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Plagiarism Today

SEPTEMBER 2, 2022

This, in turn, raises questions of fair use and those types of cases are often long, drawn out, expensive and difficult to predict. In short, fair use is largely subjective and there is a great deal of uncertainty when heading into such a case. However, it could still be an indicator of what is to come. Bottom Line.

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