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23 Feb 2016, 10:24 am by Edwin Komen
Hallmark Cards, 599 F.3d 894 (9th Cir. 2009) (“merely merchandising a celebrity’s image”), Keller v. [read post]
25 Aug 2014, 9:35 am by Schachtman
., 482 F.3d 347 (2007) (affirming the exclusion of Dr. [read post]
15 Jan 2021, 1:52 pm by Scott Hervey
In analyzing Comedy III, the 9th Circuit in Keller v. [read post]
8 Nov 2009, 12:25 pm
White’s publicity rights because the appearance was “substantially similar” to the real life Vanna White.[14]  The cases presented by O’Bannon and Keller are substantially similar. [read post]
Absent such extrinsic proof, the relationship that exists between a construction employer and a construction union will be deemed to be a prehire relationship under the Act’s Section 8(f) that is terminable at will by an employer at the expiry of a construction labor agreement (8(f) relationship). [read post]
11 Feb 2014, 8:09 am
 US trademark law does incorporate the fair use doctrine, but courts have applied different tests, often analysing factors in relation to the likelihood of confusion.In this context, it is unlikely that a successful parody will be considered infringing, since the object is to amuse, not confuse: “[i]f a joke is recognizable as a joke, consumers are unlikely to be confused, and whether the butt of the joke is society at large, or the trademark owner in particular, ought… [read post]
30 May 2015, 10:14 am by Karel Frielink
“The only thing worse than being blind is having sight but no vision ” (Helen Keller). [read post]
19 Jan 2023, 11:54 am by Eugene Volokh
I should also personally tip my hat to Daphne Keller (Stanford), whose work opened my eyes to the § 230(f) argument, which I think is key to the case; § 230 expressly provides immunity from liability to "interactive computer service[s]" that include "access software provider[s]," which § 230(f) defines to include: a provider of software (including client or server software), or enabling tools that do any one or more of the following: (A)… [read post]
26 Oct 2010, 8:43 pm by cdw
Scott Henson at Grits for Breakfast narrows in the core of the opinion:  “‘[f]orensic psychiatry is certainly a science; as Dr. [read post]