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Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

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

Blogging Social Media Television Fair Use

27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 3: Intended and Unintended Consequences of the DSA

43(B)log

APRIL 7, 2023

Most discussion has been about upload filters, but YT’s © transparency reports show that actually most of the action is not blocking via filtering—it’s mostly monetization through Content ID. Audit reports should focus on these questions. There are restrictions in DSA on demonetization. Recommendations: bring these problems to light.

Art

Art Licensing Designs Design

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 3: Intended and Unintended Consequences of the DSA

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