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Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

While common law trademark rights can and often do support federal infringement claims, an infringement plaintiff must show ownership of a valid mark as a threshold requirement for the cause of action. It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

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IPSC Breakout Session #2: mostly copyright and then marijuana innovation

43(B)log

By defining purpose only as licensing image of Prince—use in a well-structured conventionalized market—the majority gets to be dismissive of the dissent; it doesn’t matter how much Warhol contributed b/c he created a substantially similar image which is now competing with her photograph. Other solutions: statutory license for sampling.