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12 Feb 2014, 7:33 pm
” […] [I]n Learned v. [read post]
11 Feb 2014, 8:09 am
As discussed here, if considered satire, not parody, Dumb Starbucks could be liable for infringement (Dr Seuss Enterprises v Penguin Books USA (1997)).It seems unlikely that adding DUMB- provides enough distinction for it to avoid being considered an unauthorised derivative of Starbucks’ copyrighted works. [read post]
10 Feb 2014, 3:35 pm
Uncertainty in science is normal and does not mean the underlying science flawed. [read post]
10 Feb 2014, 7:18 am
"[Defendant] . . . suggests, based on the Federal Circuit's recent decision in Commil USA, LLC v. [read post]
7 Feb 2014, 12:22 pm
Judge Andrews found this inquiry to accord with the reasoning from Uniloc USA, Inc. v. [read post]
5 Feb 2014, 4:30 am
In Ross v. [read post]
5 Feb 2014, 12:51 am
Under the prevailing approach in the US, where YouTube is incorporated, the video would likely be considered a satire, because the copyright work, in this case the original RTS recording, is “a vehicle to poke fun at another target” (as the US Court of Appeals for the Ninth Circuit put it in Dr Seuss Enterprises v Penguin Books USA (1997), here). [read post]
3 Feb 2014, 7:11 pm
Hanmi USA, Inc., No. 2013-1490 (Fed. [read post]
3 Feb 2014, 5:00 am
Allergan USA, Inc., ___ F. [read post]
31 Jan 2014, 2:00 pm
PLIVA USA, Inc., ___ F.3d ___, 2014 WL 292700 (4th Cir. [read post]
30 Jan 2014, 7:20 am
WI-LAN Inc. v. [read post]
29 Jan 2014, 8:53 am
As reported previously on this weblog, in 2012 the World Trade Organization (WTO) Appellate Body decided in favour of Mexico in the long-standing Mexico v USA dolphin-safe labelling dispute. [read post]
29 Jan 2014, 7:56 am
See EEOC v. [read post]
28 Jan 2014, 4:22 pm
Sept. 26, 2013), and by the District of Colorado in Wagner v. [read post]
27 Jan 2014, 12:15 pm
L’Oreal USA, Inc., 458 F.3d 244 (3d Cir. 2006)) and the Seventh Circuit (EZ Loader Boat Trailers, Inc. v. [read post]
25 Jan 2014, 8:47 pm
During arguments in Paroline v. [read post]
23 Jan 2014, 7:11 am
Why does anyone bother? [read post]
22 Jan 2014, 6:00 pm
The Court's opinion in Max Taylor v. [read post]
20 Jan 2014, 5:09 pm
FIDEI USA, Inc., No. 13-1216, -1217 (non-precedential) (Fed. [read post]
16 Jan 2014, 6:31 am
A few thoughts on personal jurisdiction following Tuesday's decision in Daimler v. [read post]
