IP and Legal Filings

MARCH 5, 2024

For trademark owners, litigation was their main option. It gave them the ability to sue in court to stop infringement and recover damages for unapproved use of their marks. Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action.

Trademark 87

Trademark Social Media Advertising Advertising 87

SpicyIP

FEBRUARY 17, 2023

She is intrigued by the field of Intellectual Property Law and wishes to explore the same. It is interesting to note the possible shape that the litigation would have taken if the defendants had disputed the ownership of copyright by the plaintiffs from the time of initiation of the suit. Discussing the Elsevier Ltd.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 82

Blogging Copyright Contracts Cease and Desist 82

LexBlog IP

OCTOBER 25, 2023

Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Kluwer Copyright Blog

MARCH 1, 2023

In the United States, the doctrine of fair use has been held to permit parody in uses ranging from rap music to children’s books. These fair use rights, the courts have said, have their roots in the U.S. The freedom of authors to use trademarks in their works could be stifled by the threat of litigation.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

Technology & Marketing Law Blog

AUGUST 1, 2023

The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use. I don’t claim to have the answer to this dilemma; and regardless, courts have to resolve disputes with the law that currently exists. 3d at 1160. 3d at 1168.) 882 (2006).

Blogging 97

Blogging Copying Social Media Copyright 97

43(B)log

AUGUST 12, 2021

Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. Selective enforcement feels much more troublesome from a free speech perspective when you’re disallowing only a few people from use. Jennifer Rothman: the disallowed use is most likely to be fair use.

IP 90

IP Licensing Law Reporting 90

The IP Law Blog

AUGUST 5, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss “mashups.”. Watch the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online here.

Copyright 98

Copyright Blogging IP Law 98

The IP Law Blog

AUGUST 6, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.”. Watch the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online here.

Trademark 52

Trademark Blogging IP Law 52

43(B)log

FEBRUARY 22, 2021

Reputation based on case-law national level—including education, expertise/experience with patent cases, career path (career judges v. management of litigation process, shared values. Trust or not, you had no choice but to litigate in front of Fed Cir. Compete for patent litigation? recognition judges, generalized v.

IP 40

IP Fair Use Copying Intellectual Property 40

Technology & Marketing Law Blog

JUNE 21, 2023

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress. Redbubble, Inc. , Youngs Drug Products.

Trademark 102

Trademark Blogging Trademark Law Fair Use 102

LexBlog IP

APRIL 20, 2022

Where IP Spring Cleaning Starts : Whether applied to home or office, literally or figuratively, spring cleaning’s cultural, historic, and biological roots have intellectual property law analogs and other legal offshoots. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

LexBlog IP

JANUARY 10, 2024

And it doesn’t have to be a paid performance to qualify,” as Dr Hayleigh Bosher, Senior Lecturer in Intellectual Property Law at Brunel University London, notes. ” Trump Responding Brief at 5. ’” Id. italics added for emphasis in items (i)-(iii)).

Ownership 52

Ownership Copyright Government Intellectual Property 52