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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

A teenager who sells a fanwork based on a tentpole movie feels different than a movie studio that creates a tentpole movie from her short story. We also have to look through © owners to look at ultimate beneficiaries of ownership. Litigation is not wealth-neutral. Could allow/permit exploitation. This might be too hard to implement.