43(B)log

DECEMBER 20, 2022

From PR newswire, apparently a still from the 2001 film registered trademark For the 2001 Documentary, Monbo “organize[d] a group of highly skilled dirt-bike riders” to participate in a scripted film “that would highlight the exploits of an ostentatious group of dirt-bike riders in Baltimore called 12 O’Clock Boyz.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

MARCH 4, 2022

Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image. Elster did not have Trump’s consent to register this mark for any goods or services. The Federal Circuit disagreed. See Sections III-V.

Registration 126

Registration Blogging Trademark Privacy 126

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Is the PTO capable of applying First Amendment balancing tests such as transformative use or fair use in routine registration decisions?;

Registration 69

Registration Government Advertising Advertising 69