Larson & Larson

JUNE 21, 2021

However, this depends on the publication date. After the expiry of the copyright protection period, the work becomes available in the public domain. This means that any member of the public can have unrestricted access to your work. In the same token, work for hire tends to last for a period of 95 and 120 years.

Copyright Infringement 52

Copyright Infringement Copyright Law Copyright Law 52

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. 1183 (2021).

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

43(B)log

FEBRUARY 19, 2022

While Rogers rejected any consideration of whether the speaker had adequate alternatives to using the plaintiff’s trademark because speakers are entitled to choose their own ways of speaking, the religious cases embrace the concept of adequate alternatives. Look at the age of registrations and whether they’re incontestable.

Trademark Law 72

Trademark Law Trademark Art Branding 72

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Use=is it in fact being used by this party as a TM.

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. public domain. Would it allow fair use? Who is doing it? Hill, 3d Cir.

Copyright 64

Copyright Editing Settlement Music 64

The IPKat

OCTOBER 12, 2022

Title of a Single Creative Work The title, or a portion of a title, of a single creative work must be refused registration under §§1, 2, and 45 of the Trademark Act, …. unless the title has been used on a series of creative works…; In re Cooper [full citation omitted] ("A book title. identifies a specific literary work.

Law 126

Law Trademark Public Domain Licensing 126

Technology & Marketing Law Blog

JUNE 21, 2023

As Professor Farley and I discuss in Part II of our paper, several circuits require a commercial use of the mark for infringement (or an exception for noncommercial speech) and dismiss lawsuits without applying all of the likelihood of confusion factors if the unauthorized use of the mark is not commercial speech. Redbubble, Inc. ,

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

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.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

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?

Copyright 118

Copyright Blogging Publishing Fair Use 118

43(B)log

FEBRUARY 24, 2023

Tam & Brunetti: wiping away bars and then putting pressure on failure to function as the limit on registration. Display on front of T-shirt: ornamental, decorative; have legislature consider purposes of TM and PTO as well to be gatekeeper to protect public domain. Ramsey: do it w/broad fair use/general rules.

Trademark 69

Trademark False Advertising Fair Use Branding 69

LexBlog IP

JANUARY 10, 2024

Before the second amendment, President Trump received a copyright registration covering the work, despite an early registration being recorded in Woodward’s favor. Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” US Const.,

Ownership 52

Ownership Copyright Government Intellectual Property 52