Search for: ""fair use""
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9 Mar 2012, 2:54 am
Fair use: Not available where, as here, the party asserting the defense is using its mark as a trademark in commerce.No. 10. [read post]
23 Jun 2010, 6:39 pm
Note, fair use is a possible defense when works are publicly viewable -- it all depends on context (is the work the heart of the picture) and use (is it transformative)? [read post]
19 Dec 2011, 6:00 am
Your competitor may have a few defenses available -- for example, you mention that the competitor is criticizing your model; criticism is a common basis for fair use. [read post]
2 Dec 2022, 6:20 am
VIP contends that these products are a parody and fair use of Jack Daniel’s whiskey product, but Jack Daniel’s believes that the use of their trademark design and trade dress of the whiskey product infringes and dilutes the mark. [read post]
8 Sep 2016, 6:59 am
Where educational uses are more substantive and therefore fall outside of fair dealing, the content is either purchased to be added to licensed collections, or rights clearances are obtained and royalties are paid for these uses. [read post]
19 Sep 2019, 11:20 am
Mercedes also argues that they made fair use of the murals because the murals are often blurred, obstructed, viewed from the side or at an angle, and intended to draw attention to the car rather than to the mural. [read post]
5 Jun 2009, 5:41 am
See Statement of Brian Toder, Esq.In addition, the parties have filed opposition papers with respect to the outstanding in limine motions.The Judge scheduled a June 8th telephone conference regarding the RIAA's motion to preclude objections.The in limine motions are scheduled for June 10th.Plaintiffs' motion to preclude defendants from making objections at trialPlaintiffs' opposition to defendant's motion to suppress MediaSentry materialsNotice of hearing scheduling… [read post]
1 Apr 2010, 11:27 am
sponsor ads/links using Tiffany’s trademark, the court found that this was a nominative fair use of the Tiffany mark, because Tiffany goods were in fact available on eBay.The Second Circuit next rejected Tiffany’s claim that eBay contributorily infringed the Tiffany marks by facilitating the sale of counterfeit goods at auction. [read post]
17 Dec 2007, 12:00 am
The quality of examination at the USPTO clearly needs improving.Is this a fair use of the patent system? [read post]
5 Sep 2014, 7:49 am
TVEyes is asserting a fair use defense. [read post]
24 Aug 2012, 1:27 pm
This week’s stories include: New Zealand Judge Orders FBI To Turn Over Megaupload Evidence SurfTheChannel Owner Sentenced to Four Years After Private Prosecution Three Android App Sites Seized Over Piracy Gossip Magazine Loses Fair Use Dispute Over Wedding Photos German Publishers Battle Google/Aggregators Over New Copyright Law Silversun Pickups Ask Romney to Stop Playing Their Song CBS Drops Lawsuit Over The Glass House, Says It Doesn’t Matter You can download the… [read post]
3 Nov 2008, 7:29 pm
The Panel concluded that this was a bona fide offering of goods or services under the Policy, not a legitimate non-commercial or fair use. [read post]
4 Apr 2013, 11:05 am
We’d better get used to it, too. [read post]
4 Feb 2008, 12:07 pm
I do think I know something about fair use in copyright law, and I certainly do have strong views about bullies who try to abuse copyright law to silence their critics. [read post]
25 Apr 2009, 10:02 pm
Under the laws regarding fair use, it is often possible to defend such activity by showing that it is not for profit.The penalties for copyright infringement will depend on the extent of the operation. [read post]
25 Jun 2015, 6:24 am
Indeed, only last week, counsel for Urban Outfitters argued that its usage of the “Navajo” mark was fair use. [read post]
3 Nov 2017, 2:48 pm
Under Armour asserts that, prior to initiating this action, it told the defendants that it “was using ‘I Can’ as part of formative and descriptive phrases, such as ‘I Can Do All Things,’ that the use was a fair use, that numerous third parties use similar descriptive phrases that begin with ‘I Can,’ and that confusion was unlikely. [read post]
6 Dec 2011, 10:00 am
The cases all deal with the issue of fair dealing, Canada’s equivalent to fair use, and may have a drastic impact on the amount Canadian’s pay for certain types of copyrighted content. [read post]
23 Feb 2015, 4:30 am
It’s bad. http://t.co/okw4JX4piM -> Fox News Motion for Summary Judgment Denied in 9/11 Photograph Fair Use Case http://t.co/zyRIb2JQib -> Intention of e-mail key to privilege: judge http://t.co/yD385R8LEp -> Copyhpe Friday’s Endnotes – 02/20/15 | http://t.co/bzFVymE6Dc -> With the MPAA Watching, ITC Says Case About Teeth Won't Bring Down the Internet – The Hollywood Reporter http://t.co/VmKiPcMRKD -> Oscars: A Guide to Best Picture… [read post]
6 Feb 2015, 6:11 pm
– Washington, DC lawyer Ellen Pyle of McDermott Will & Emery on the firm’s blog, Of Digital Interest Legal Hemp in Oregon: It’s About Time – The blogging lawyers and attorneys at Harris Moure on their Canna Law Blog 5 Myths about Super PACs – Washington, DC lawyer Robert Lenhard of Covington & Burling on the firm’s blog, InsidePoliticalLaw The Evolution of the Consent Search Doctrine – MN attorney Chuck Ramsay on his blog, Minnesota… [read post]
