Technology & Marketing Law Blog

DECEMBER 11, 2023

2d 410, 414-415 (SDNY 2002)) that the Supreme Court expressly used to “offer as one last example” of “a case with a striking resemblance” in which the Rogers test was cabined. The Vans decision highlights the constrains the Jack Daniel’s decision has placed on fair use arguments in trademark disputes. Tam , 582 U.S.

Blogging 130

Blogging Trademark Branding Branding 130

SpicyIP

JULY 13, 2021

Similarly, the Competition Act, 2002 (object clause) aims to “prevent practices having an adverse effect on competition, to promote, and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India.”.

Advertising 105

Advertising Advertising Branding Branding 105

Kluwer Copyright Blog

AUGUST 7, 2023

In the United States, the Copyright Act outlines the concept of fair use – situations where usage does not require authorization. In essence, this test establishes that a work can be used in specific special circumstances (e.g., O fair use no direito autoral. 01, out/2002, p. Revista Forense.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Technology & Marketing Law Blog

JANUARY 17, 2024

Even if the verbatim copying qualifies as putative infringement, many republications are likely to be covered by fair use. Note: I tested on the copyrightability of contracts in my 2002 Copyright final exam (see my sample answer ). See, e.g., White v. West Publishing (not cited by this court). See also Prof.

Copyright 71

Copyright Copying Copyright Infringement Editing 71

The IPKat

MARCH 24, 2024

These questions are often discussed in IP circles under the heading of sustainability, upcycling, and the right to repair (see IPKat posts here , here , and here ).

IP 72

IP Marketing Marketing Reporting 72

43(B)log

AUGUST 4, 2023

Partly in response to NJ’s 2002 law—once there’s a smart gun, manufacturers have to switch to it w/in 30 months, though NJ backed off and just required retailers to stock it, but still infuriated gun rights advocates who boycotted Colt and Smith & Wesson who then got out of the market entirely. The 1201 review illuminates the problem.

Copyright 52

Copyright Fair Use Marketing Marketing 52

SpicyIP

DECEMBER 30, 2023

CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. Setting aside the Single Judge orders in Ericsson v. CCI and Monsanto v. Acko General Insurance. Delhi High Court passed an interesting order in Anubhav Jain v.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

SEPTEMBER 29, 2022

In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 3137680), the lightsaber sound from Star Wars (as Reg. 3618321), and “[t]he NBC chimes sequence [, which] actually became the first ‘purely audible’ service mark to register with the USPTO in 1950.”

Trademark 52

Trademark Registration Music Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 16, 2024

But half of the cases come from the 2002-2011 era, though that percentage is shrinking. Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v. Blockbuster, Hamidi, Register.com, and Doe v. MySpace were all from that era–all dropped just this year. Bright Data V. CSC (2d Cir.)

Editing 116

Editing Law Social Media Contracts 116

Copyright Lately

DECEMBER 12, 2022

” The Court held that 2 Live Crew’s version qualified as a non-infringing fair use because it was a parody that sufficiently transformed the Orbison original. On March 8, 1994, The New York Times reported 2 Live Crew’s Supreme Court fair use victory. Lil’ Joe Makes a Deal.

Copyright 109

Copyright Music Fair Use Social Media 109

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

Copyright 131

Copyright Blogging Publishing Fair Use 131

Copyright Lately

SEPTEMBER 13, 2024

Trump’s fair use argument fails as the musician wins a copyright battle over the unlicensed use of “Electric Avenue” in a viral video from the 2020 campaign. Second, he rejected Trump’s fair use defense as a matter of law.

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Fair Use Copyright Cease and Desist Music 134