The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

Trademark 56

Trademark Public Domain Copyright Cease and Desist 56

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Brunetti (2019) and strike down this trademark registration law as an unconstitutional regulation of speech protected by the First Amendment. This type of expression should remain in the public domain available for everyone to use on expressive merchandise to convey ideas, information, and other messages. 150 and 449 n.

Registration 75

Registration Trademark Blogging Law 75