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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. And defendants’ dolls were “virtually identical” in shape to Roblox’s avatars.

Copying 94
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"TM-compliant" ads not shown to be nominative fair use

43(B)log

First, nominative fair use permits only the “truthful use of a mark.” Use of the mark with the words “compliant,” “legal,” and “meets. Toyota, 610 F.3d 3d at 1177. Defendants contended that one axe “meet[s] WATL Regulations” and that another “meets WATL Regulations with a slight modification that is commonly made.”

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5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

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.

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State Farm’s Nod to Nostalgia Sparks Copyright Clash With Atari

Copyright Lately

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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St. Art Foundation v. Acko General Insurance: Decoding Street Art, Fair use and Moral rights

SpicyIP

2(c), the fair use exemption thereof under Sec. 52(1)(t); and (ii) if yes, whether the proviso of the same or ‘fixation requirement’ excludes it from the scope of fair use. Lastly, I will discuss the argument of moral rights of the author in contending the ‘fair use exemption’ of their work.

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Digitalization And Copyright Law

IP and Legal Filings

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters.

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Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Nature of Use. Amount Used. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” This factor weighs against fair use. Nature of the Work.

Copyright 143