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31 Dec 2018, 6:13 pm
Before we think predictions for 2019, let’s consider the vast ground we’ve covered in 2018: The TTAB turned sixty years old, so we offered some commentary and predictions; Super Bowl LII came to Minneapolis, so we covered ambush marketing and fair use; We celebrated a Minnesota Vikings’ Minnesota Miracle, a very distant memory now; Following that Miracle, Martha explained why the Philly Special isn’t so special; Draeke shared how to overcome trademark… [read post]
21 Nov 2023, 6:31 am
SPECIAL FOCUS: The fair use claims and counterclaims of using copyrighted works to train generative AI systems Artificial intelligence (AI) and technology systems’ ability to create or recreate works without human input is a subject that is polarizing the views of rights holders and digital rights advocates. [read post]
18 Sep 2020, 11:15 am
This week in Other Barks & Bites: China’s IP agency announces that registered trademarks have increased past 28 million and also releases draft patent linkage measures in conjunction with China’s pharmaceutical regulator; the EU’s highest court upholds football star Lionel Messi’s right to trademark his name and tells EU member states that third country performers outside the EEA cannot be excluded from rights payments for music recordings; the USPTO announces a pilot… [read post]
28 Jan 2013, 9:42 am
Contents include:Sophie Meunier, The dog that did not bark: Anti-Americanism and the 2008 financial crisis in Europe Emmanuel Frot & Javier Santiso, Political uncertainty and portfolio managers in emerging economies Leonhard Dobusch & Sigrid Quack, Framing standards, mobilizing users: Copyright versus fair use in transnational regulation Hélène Pellerin & Beverley Mullings, The ‘Diaspora option’, migration and the changing political… [read post]
18 Nov 2019, 10:35 am
Whether copyright protection extends to a software interface; and 2) Whether Google’s use of a software interface in the context of creating a new computer program constitutes fair use. [read post]
22 Oct 2013, 6:37 am
For the lawyers in our readership, we'd like to let you know that later this week the DMLP will be headed down the East Coast to bar association events in Georgia and New York: On Thursday, Andy will be in New York City at the New York Chapter of the Copyright Society of the USA to discuss news aggregation in a luncheon panel entitled "Content Aggregation: Fair Use or a Use Too Far?" [read post]
2 Mar 2015, 6:00 am
Yours is a classic example of fair use because you are using a small amount of copyrighted material for a limited and “transformative” purpose, something that authors who comment on pop culture (for example Elmore Leonard -- scroll down to "Spark") commonly do. [read post]
11 Mar 2021, 1:15 pm
But significant questions remain as to whether U.S. courts will reliably permit IP holders to proceed with AI-focused IP infringement claims against potential offenders, or if patent-eligibility, inventorship, fair use, and other defenses will tip the scales towards trade secret protection. [read post]
17 Jun 2014, 6:00 am
(Passing out copies might make for a better fair use defense because it limits copying to a need-to-know group).BTW Dept. [read post]
3 Apr 2013, 5:33 am
-based social network created a profile redesign dubbed Timeline that chronologically organizes users' personal history.Facebook filed a summary judgment motion, offering a fair use defense to the infringement claims and contending that the plaintiff's registered marks were generic and not descriptive enough to warrant federal protection. [read post]
22 Jun 2018, 8:17 am
- a fair use. [read post]
1 Feb 2017, 2:10 pm
"Krusty Krab" restaurant v Sponge Bob trademark disputeFan film not "fair use"These cases and much more on this episode of the Entertainment Law Update Podcast.Please leave us listener feedback at the iTunes store. [read post]
17 May 2013, 8:31 am
Aereo (Case No. 1:12-cv-01540), Aereo, which is financially backed by media mogul Barry Diller (see "TUOL" post 8/14/12), argues the March 2012, copyright infringement suit brought by commercial broadcasters CBS, ABC, NBC and Fox should be dismissed following the networks' failure to persuade the United States Court of Appeals for the Second Circuit to overturn Judge Nathan's earlier ruling not to issue a permanent injunction against Aereo for allegedly violating the broadcasters' right to public… [read post]
20 Dec 2014, 7:55 am
Focus Areas: Copyright and Fair Use [read post]
30 Jul 2018, 10:23 am
Dorland believes some of "The Kindest" is copied from Dorland's Facebook posts.From the Boston Globe:Dorland said that some lawyers told her that the story might constitute an infringement of intellectual property law.But lawyers consulted by the Globe say that while there appear to be strong similarities between the Facebook post and the note in the story, Dorland’s case could be a difficult one to win.According to Joseph Liu, a professor at Boston College Law School, Larson… [read post]
15 Nov 2017, 6:01 am
"Who's Holiday" is fair use. [read post]
15 Nov 2017, 6:01 am
"Who's Holiday" is fair use. [read post]
21 Nov 2016, 11:21 am
Even fair use comes with fear and some still seek a free pass or approval. [read post]
22 Mar 2020, 8:02 pm
Gordon: Fair Use in Oracle: Proximate Cause at the Copyright/Patent Divide (Source: SSRN) Prof. [read post]
31 Aug 2020, 1:34 pm
Please leave us listener feedback at the iTunes store. [read post]
