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22 Jul 2011, 2:31 am by gmlevine
Paragraph 4(c)(iii) of the Policy reads: “[Y]ou are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.” As the Panel points out in Proskauer Rose LLP v. [read post]
19 Jun 2017, 6:00 am by Jonathan Bailey
But the judge has now vacated that ruling, believing that the jury erred and that the alleged infringement was actually a fair use. [read post]
27 Apr 2009, 11:49 am
SAN FRANCISCO — Whether the public has a right to make a “fair use” copy of DVDs is on trial in a San Francisco federal court. [read post]
27 Oct 2010, 2:20 am by gmlevine
A respondent may, as has frequently been pointed out, rightfully register a domain name incorporating a complainant’s trademark if authorized by contract or permitted under a nominative fair use theory. [read post]
10 Sep 2010, 7:15 am by randal shaheen
In a recent trademark infringement decision, the Ninth Circuit reaffirmed that issues of confusion, fair use and the weight to be given survey evidence are factual issues which are to be decided at trial. [read post]
31 Oct 2019, 9:03 am by Jonathan Bailey
Ellis is using this to illustrate the potential dangers of such copyright claims and encouraging YouTube to give a wider berth for fair use. [read post]
22 Jan 2018, 7:00 am by Jonathan Bailey
Playboy filed a lawsuit, alleging copyright infringement in sharing the link but Boing Boing, which is being represented by the Electronic Frontier Foundation (EFF), has responded saying that the linking was a fair use. [read post]
7 Dec 2009, 9:16 am by Ben Sheffner
" Here's the court's order explaining the scope of the injunction.The court also issued a 38-page order elaborating on and confirming its decision, issued on the eve of trial, rejecting Tenenbaum's proposed fair use defense. [read post]
21 Jul 2010, 1:07 pm by Marty Schwimmer
Defendant brought a UDRP and for the reasons described in this decision, the panelist held that plaintiff's use exceeded a four part test of fair use by a re-seller: 1 the respondent must actually be offering the goods or services at issue; 2 the respondent must use the site to sell only the trademarked goods; otherwise, it could be using the trademark to bait internet users and then switch them to other goods; 3 the site must accurately… [read post]
23 Nov 2013, 4:21 am by Walter Olson
Trademark infringement claims as way to silence critics: Jenzabar gets comeuppance in form of court award of more than $500,000 in attorney costs [Paul Alan Levy, earlier and more] Court holds Google Books project to be fair use [Matthew Sag] Questioning the ITC’s patent jurisdiction: “Why should we have a trade agency litigating patent disputes? [read post]
29 Jan 2018, 10:28 am by Steve Baird
But, some is totally fair use and lawful. [read post]
28 Feb 2014, 1:56 pm by Mary Minow
Lindsay - about whether a court has authority to cancel a copyright registration when a plaintiff’s authorship has been “expressly repudiated” Swatch v Bloomberg - in which Bloomberg obtained a copy of a conference call recording discussion a company’s recent earnings report   The post Unusual number of interesting copyright decisions appeared first on Stanford Copyright and Fair Use Center. [read post]
10 May 2012, 9:00 am by Stacy
Earlier this week, a jury in the Northern District of California found that Google violated copyright laws when it used Java APIs to design Android—but could not reach a resolution on whether Google’s use of APIs constituted fair use. [read post]
23 May 2023, 7:22 am by SCOTUSblog
Here’s the Tuesday morning read: US Supreme Court’s Andy Warhol decision keeps ‘fair use’ questions alive (Blake Brittain, Reuters) Top Court’s Pork-Producer Ruling Could Affect Abortion-Pill Suit (Mary Anne Pazanowski, Bloomberg Law) What It’s Like After the Supreme Court Rules Your Child’s Death Doesn’t Count (Shirin Ali, Slate) DeSantis envisions shaping ‘7-2 conservative majority’ on Supreme Court (Hannah… [read post]
1 Mar 2023, 6:37 pm by Sabrina I. Pacifici
February 24, 2023: “Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law  principles such as authorship, infringement, and fair use will apply to content created or used by AI. [read post]
24 Apr 2021, 11:59 am by Bob Ambrogi
This week’s top stories: 4:32​ – Dating App for Lawyers (Selected by Joe Patrice) 7:22​ – SCOTUS Opinion on Fair Use of Coding in Google vs. [read post]
30 Oct 2007, 9:02 am
And as we know, even those who agree with wide fair use laws, commons-based approaches and so on know that scraping other content and shoving it on your commercial site is quite stupid. [read post]
21 Aug 2008, 4:13 pm
The court held that in issuing a DMCA notice, one must take into account whether the use is a "fair use" under the Copyright Act.We first learned of the Wired.com report through Slashdot. [read post]