Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] If another’s mark is used within the title or content of an expressive work, the Rogers test prevents a finding of infringement under 15 U.S.C.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

LexBlog IP

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

False Advertising 52

False Advertising Intellectual Property Fair Use Music 52

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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Non-Fungible Tokens Trademark Artwork Art 122

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). These defensive trademark doctrines, however, are narrow and often vary by jurisdiction.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

JD Supra Law

JULY 8, 2022

In 1992, the Ninth Circuit Court of Appeals codified the doctrine of “nominative fair use” of another’s trademark, in the case of New Kids on the Block (“New Kids”) versus News America Publishing, Inc. In the case, New Kids – an American boy band known for songs like “You Got It (The Right Stuff)”.

Fair Use 52

Fair Use Publishing Trademark 52

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

SpicyIP

DECEMBER 11, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Please drop a comment and let us know. Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Click to read!

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Trademark Fair Use Moral Rights Art 103

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. I speculated that this was an attempt to avoid a messy fair use dispute. One core concept in AI-relevant cases that both find for, and against, fair use ( Google Books and Fox v. is being used as code.

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Litigation Fair Use Copying Derivative Work 98

Velocity of Content

NOVEMBER 6, 2023

In March in a New York City courtroom, Judge John Koeltl awarded summary judgment to a group of book publishers in their copyright infringement litigation against the Internet Archive over certain forms of digital book lending.

Intellectual Property Law 52

Intellectual Property Law Fair Use Intellectual Property Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. by Tito Rendas. € by Martin Senftleben. €

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. by Tito Rendas. € by Martin Senftleben. €

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

JUNE 24, 2021

A documentary film’s incorporation of an eight-second excerpt of the children’s song “Fish Sticks n’ Tater Tots” was a noninfringing fair use, the U.S. A full summary of this case has been published on Kluwer IP Law. Court of Appeals in New York City has held. Court: United States Court of Appeals, Second Circuit.

Copyright 83

Copyright Fair Use Copyright Law Publishing 83

The IPKat

OCTOBER 12, 2022

A major contribution of economics to our understanding of trademarks is "search costs", generally here. This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product each time he wishes to make a purchase.

Law 126

Law Trademark Public Domain Licensing 126

IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. In determining fair use according to the statute, one of the primary points of contention involved the meaning behind the “purpose and character” of the alleged use.

Art 79

Art Fair Use Intellectual Property Licensing 79

The IPKat

MARCH 7, 2024

The Case of Upcycling”, Irene Calboli and Siroos Tanner address the IP dimension of upcycling and explore ways to prevent this environmentally friendly practice from being hindered by claims of potential trademark and copyright infringement. The analysis concludes with a review of recent US cases.

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. UMG Recordings, Inc., Wright v.

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

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Cease and Desist Patent Prosecution Trademark Derivative Work 105

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

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Ownership Copyright Fair Use Intellectual Property 52

43(B)log

SEPTEMBER 7, 2021

when in fact, any compositions or recordings created under publishing or record deals not authorized by Big Ligas, including those negotiated by Yu, are not commercially exploitable without Big Ligas’[s] authorization, under Paulo’s name or otherwise.”

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

Trademark 52

Trademark Registration Music Intellectual Property 52

IPilogue

DECEMBER 20, 2021

In both the United States and Canada , costumes do not fall under copyright protection given their classification as “useful articles.” However, users’ rights provisions ( fair use in the United States and fair dealing in Canada) may provide a legal basis for fan creations to exist.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

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 and Trademark Office (USPTO), Kathi Vidal, to provide guidance on AI’s role in patent inventorship and support for patent practitioners. The Order calls on the U.S. Copyright Office and U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. Netflix disagrees.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

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 and Trademark Office (USPTO), Kathi Vidal, to provide guidance on AI’s role in patent inventorship and support for patent practitioners. The Order calls on the U.S. Copyright Office and U.S.

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 and Trademark Office (USPTO), Kathi Vidal, to provide guidance on AI’s role in patent inventorship and support for patent practitioners. Fair Use: The Executive Order encourages data sharing and research.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Technology & Marketing Law Blog

AUGUST 2, 2021

For my thoughts about self-publishing an ebook casebook, see this article. Note About Fair Use. Trademarks and Domain Names. Trademark FAQs. Trademark Glossary. Review: Google’s Trademark Policy [[link]. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.]

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Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JULY 12, 2022

For my thoughts about self-publishing an ebook casebook, see this article. Note About Fair Use. Trademarks and Domain Names. Trademark FAQs. Trademark Glossary. Review: Google’s Trademark Policy [[link]. Despite rampant inflation, these prices have stayed the same for years. Cartoon Network v.

Editing 140

Editing Law Social Media Privacy 140

BYU Copyright Blog

JULY 12, 2021

Since we last reported on this case (in May of 2020), the Court of Appeals for the Ninth Circuit has issued its opinion on the matter, concluding that ComicMix, LLC ("ComicMix") cannot successfully claim a fair use defense against claims of copyright infringement by Dr. Seuss Enterprises ("Seuss").

Fair Use 40

Fair Use Intellectual Property Copying Copyright 40

TorrentFreak

DECEMBER 10, 2021

“In short, Defendants seek to capitalize, unilaterally, on Miramax’s rights to Pulp Fiction,” Miramax wrote , demanding damages for breach of contract, copyright infringement and trademark infringement. Taratino Fires Back. As expected, Tarantino isn’t backing down. Affirmative Defenses and Relief.

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Non-Fungible Tokens Cinema Contracts Fair Use 117

IP Intelligence

JANUARY 5, 2022

In the months that followed, lower courts began applying Google ’s fair use precedent in other contexts. Copyright. [1] 1] In April 2021, the Supreme Court issued a closely followed opinion in Google v. For example, in Andy Warhol Found. for Visual Arts, Inc. 2] The U.S.

IP 52

IP Fair Use Copyright Intellectual Property 52

TorrentFreak

DECEMBER 7, 2023

A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results.

Business 99

Business Reporting Social Media Copyright 99

Kashishipr

OCTOBER 27, 2021

It encourages them to make suitable programs that can work on their platforms by publishing documents and providing tools to help them adapt to their APIs. In this case, Google had thirty-seven declaring codes and the SSO of Java verbatim but did not publish the same in a manner to allow interoperability with Oracle’s Java.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

SpicyIP

NOVEMBER 17, 2023

This liberty to benefit from one’s intellectual creation gives rise to a bundle of rights related to intellectual property, including, Patents, Copyrights, Trademarks, Geographical Indications, among others. Comprehend the concept, rationale, and significance of Patents, Copyrights and Trademarks.

Intellectual Property 105

Intellectual Property Technology IP Law 105

The IPKat

FEBRUARY 26, 2023

She then moved on to considering the issues arising from “upcycling” and fair use. She gave an overview of some US cases and proposed some interesting questions and possible answers on waste management and recycling, as well as the role of IP in the green economy, which implies a right to repair, re-use and recycle.

Intellectual Property 76

Intellectual Property Reporting IP Technology 76

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

LexBlog IP

FEBRUARY 1, 2023

Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. Other amici suggest that the Ninth Circuit has ignored trademark owners’ own First Amendment rights and interests. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52

LexBlog IP

JANUARY 5, 2022

In the months that followed, lower courts began applying Google ’s fair use precedent in other contexts. Copyright. [1] 1] In April 2021, the Supreme Court issued a closely followed opinion in Google v. For example, in Andy Warhol Found. for Visual Arts, Inc. 2] The U.S. .” 2] The U.S.

IP 52

IP Fair Use Copyright Intellectual Property 52