43(B)log

FEBRUARY 22, 2022

Customers/sensitive industries like healthcare, finance, and banking that use encryption. 3) Implementation can present resource challenges for smaller platforms/platforms w/ few infringement challenges. RT: Designing for abuse is a great idea and not something that 512 and 1201 did.

Copyright 45

Copyright Fair Use Music Licensing 45

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. 1183 (2021).

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

43(B)log

FEBRUARY 19, 2022

The Ninth Circuit has adopted Rogers but tinkered with what counts as “explicit” falsehood, holding that some non-explicit content might qualify as explicitly false if there’s nothing else present that allows consumers to identify the true source of an expressive work. What to do next? As expert in the field, people come to her for advice.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IP and Legal Filings

JANUARY 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

DECEMBER 20, 2022

Defendants allegedly used editing tools to compress scenes that constituted “about 70% or more of” the 2001 Documentary into minutes of footage that then appeared in the 2013 Documentary. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo.

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? Ilanah Simon: In Europe, you can’t use overlap to police boundaries.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

JUNE 21, 2023

The other issue in Jack Daniel’s was whether VIP could invoke the “noncommercial use of a mark” exemption from dilution liability in 15 U.S.C. 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

43(B)log

FEBRUARY 24, 2023

Display on front of T-shirt: ornamental, decorative; have legislature consider purposes of TM and PTO as well to be gatekeeper to protect public domain. Every time a court uses Rogers, it’s covertly holding that it would be unconstitutional to apply a broader set of rights; we’re tailoring the test with this in mind.

Trademark 69

Trademark False Advertising Fair Use Branding 69

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? If the work was published without proper copyright notice, the work entered the public domain. This strikes me as the wrong result. 2d at 206. (The

Copyright 121

Copyright Blogging Publishing Fair Use 121

LexBlog IP

JANUARY 10, 2024

Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” ” US Const., It is strange because that would mean that the unpublished portions would also be government works available for public use. . “The basic premise of [S]ection 105.[is]

Ownership 52

Ownership Copyright Government Intellectual Property 52