Designs Fair Use Public Domain Registration 
Technology & Marketing Law Blog
DECEMBER 15, 2021
The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.
IP Intelligence
APRIL 18, 2023
Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. A fair use of declaring code might not be a fair use of implementing code. Maybe they’re not.
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Biswajit Sarkar Copyright Blog
JULY 19, 2022
However, authors are not required to make their work accessible to the public. Additionally, creators are not needed to file a copyright registration with the US Copyright Office. Recognize the subtleties of fair use. Public domain resources as a starting point. Avoid access to prior design work.
Technology & Marketing Law Blog
JUNE 21, 2023
The other issue in Jack Daniel’s was whether VIP could invoke the “noncommercial use of a mark” exemption from dilution liability in 15 U.S.C. 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design.
LexBlog IP
APRIL 18, 2023
Presumably afraid that a decision one way or the other would move financial markets and have unforeseen consequences, the Court assumed the declaring code was protected by copyright and decided the case on fair use. ” A fair use of declaring code might not be a fair use of implementing code.
Technology & Marketing Law Blog
FEBRUARY 13, 2023
Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?
43(B)log
JUNE 24, 2022
In the fair use calculus? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? But there is an assumption that registration = minimal distinctiveness unless validity is questioned. But there is a defense for nondistinctive use.
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