43(B)log

FEBRUARY 2, 2024

Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. The counterclaim doesn’t use the language of inducement. Because of Google v.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

IP.com

FEBRUARY 21, 2022

Intellectual property law watchdogs anticipate major decisions from the Supreme Court in 2022. Fast-evolving pharmaceutical and technology sectors have brought several key questions regarding patent law, fair use, and copyright.

Intellectual Property 52

Intellectual Property Intellectual Property Law Fair Use Patent Law 52

LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Fair Use: The Executive Order encourages data sharing and research.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Fair Use: The Executive Order encourages data sharing and research.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Fair Use: The Executive Order encourages data sharing and research.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

The IPKat

SEPTEMBER 21, 2022

On the subject of EU trade mark law, the panel concluded from the General Court’s decision in T-65/20 Kneissl that the requirements to prove genuine use of a trademark in the EU remains strict and in line with the EUIPO’s (in)famous BIG MAC decision : It is no longer “use it or lose it” but rather “use it – and specifically prove it – or lose it”.

IP 76

IP Reporting Designs Design 76

43(B)log

AUGUST 12, 2021

Continuity with other areas of law; greater unanimity; Breyer-Ginsburg split becomes less important. GvO is a win for fair use (good) but also a bad application of textualism to copyrightability. Then the dissent says you’re overriding congressional policy by applying fair use. Threat of © litigation?

Copyright 45

Copyright Fair Use Copying Music 45