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Show the pictures to your clients and say “this is descriptive fair use”: Solid 21 v Breitling (2d Circuit RED GOLD)

LexBlog IP

Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. The decision is also notable for clarifying an argument that never seems to disappear from fair use analysis. From the decision: “Left untouched, pure gold is yellow.

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SpicyIP Weekly Review (January 27 – February 2)

SpicyIP

Is training of GenAI models fair use? Prabha Sridevan, Judge, MHC (2000-2010) and Chairperson, IPAB (2011-2013) was recently interviewed by SpicyIP Doctoral Fellow Malobika Sen as part of her doctoral research. Taking Stock of ANI vs OpenAI Copyright Litigation- Part II How exactly does a LLM learn from training data?

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AN ARGUMENT FOR EMBRACING THE LEGALITY OF CROWDFUNDED GAME MODS

JIPL Online

19] After classifying the mod as derivative, the court rejected other protections such as fair use doctrine as defenses to the paid mod. [20] First Monday , (May 3, 2010) [link]. Explaining how individual donation links used to provide minimal income). [9] First Monday , (May 3, 2010) [link]. [34] 811 (2020). [33]

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Journey Through “Novembers” on SpicyIP (2005 – Present)

SpicyIP

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. Sounds “Jhakaas!”

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Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

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What is Right of Publicity? Protect Your Name and Likeness. 2024 Update

Traverse Legal Blog

Explaining the rationale behind this, the Ninth Circuit stated that: “Were we to conclude that [Plaintiff’s] misappropriation claim was not preempted by the Copyright Act, then virtually every use of a copyright[] would infringe upon the original performer’s right of publicity.” Sony Music Entm’t, Inc. , 144942 Canada Inc. ,

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IPSC breakout session 2: Int'l IP. TM, Antitrust

43(B)log

Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. It’s like using quotes. Might be different than when a company uses TM on a social media post. But there weren’t reported lawsuits against Bollywood films.

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