IP and Legal Filings
NOVEMBER 22, 2023
Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. Following are the measures to be taken care of while taking nominative fair use as a defence – The use of the registered trade mark was bonfide. No sponsorship or endorsement.
IPilogue
NOVEMBER 11, 2021
This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States.
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43(B)log
MARCH 1, 2022
25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.
43(B)log
JUNE 19, 2023
& Arts 187 (2004), and the Seventh Circuit in practice, are all about using common sense rather than doctrine to limit the scope of trademark rights. Xfinity alleges GGT is using fake or stolen identities to obtain Xfinity phones, and that GGT ‘unlocks’ those phones before reselling them abroad for a profit.”
Intepat
DECEMBER 18, 2024
Dimension Films (2004), where the court ruled that even a brief, unlicensed sample of copyrighted music could lead to copyright infringement. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use. A pertinent example is the case of Bridgeport Music, Inc.
IPilogue
OCTOBER 4, 2021
As a copyright collective, Access Copyright made royalty agreements during the years of 1991-1997 with all Canadian provinces and territories, except Quebec (which has its own collective, Copibec ), permitting use of copyrighted content in primary and secondary schools on a per-student basis. What constitutes “ fair ” dealing?
Copyright Lately
MAY 17, 2021
And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Kermit the Frog and Robert De Niro on SNL (2004). Jason Segel and the Muppets on SNL (2011).
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