Technology & Marketing Law Blog

MAY 30, 2022

Courts in the Fifth Circuit consider: (1) the type of mark allegedly infringed; (2) the similarity between the two marks; (3) the similarity of the products or services; (4) the identity of retail outlets and purchasers; (5) the identity of the advertising media used; (6) the defendant’s intent; and (7) actual confusion.

Blogging 108

Blogging Social Media Television Fair Use 108

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. You’re forbidden to remove/alter information at pain of $2500/violation. Pam Samuelson: don’t forget 1202.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

APRIL 7, 2023

Fly in the ointment: notices are signals conveying information. The nonprofit I work with, the Organization for Transformative Works (“OTW”) was established in 2007 to protect and defend fans and fanworks from commercial exploitation and legal challenge. But we can’t match that up to internal information about user behavior.

Art 64

Art Licensing Designs Design 64