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14 Feb 2018, 10:35 am by Eugene Volokh
The Copyright Act protects "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device. [read post]
24 Dec 2013, 5:45 am by Barry Sookman
If a substantial part of the original expression is reproduced, infringement may result. [read post]
12 Jul 2016, 12:13 am by Eleonora Rosati
As held in an Indian landmark ruling, every expression does not ipso facto become protectable, and must pass the test of originality, which requires the exercise of skill, labour and judgment in creating the work. [read post]
1 Oct 2019, 8:15 am by Amy Howe
EEOC, as well as at Howe on the Court, where it was originally published. [read post]
18 Mar 2012, 6:52 am by Editor Charlie
[Editor Charlie sez: This is a guest post from our friends at Artists Rights that originally appeared here. [read post]
8 May 2020, 9:35 am by Angelo A. Paparelli
[Author’s Note:  This article was originally published on May 8, 2020 by the Bureau of National Affairs, Inc., on Bloomberg Law, and is accessible here. [read post]
21 Jun 2019, 2:04 pm
See In re Wal-Mart Stores, Inc., 129 USPQ2d 1148, 1152 (TTAB 2019) (INVESTING IN AMERICAN JOBS found to be a merely information phrase).Examining Attorney April Reeves asserted that consumers are accustomed to "I [heart] PGH"  and "PGH ART" being used in everyday speech, and therefore they would perceive the phrase not as a trademark but as an informational message expressing support for the Pittsburgh art scene. [read post]
23 Jun 2021, 6:20 pm by Lawrence B. Ebert
” Final Decision, 2019 WL 6999883, at *10 (alterations in original). [read post]