article thumbnail

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

Technology & Marketing Law Blog

While common law trademark rights can and often do support federal infringement claims, an infringement plaintiff must show ownership of a valid mark as a threshold requirement for the cause of action. It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

Blogging 100
article thumbnail

IPSC Breakout Session #2: mostly copyright and then marijuana innovation

43(B)log

A teenager who sells a fanwork based on a tentpole movie feels different than a movie studio that creates a tentpole movie from her short story. We also have to look through © owners to look at ultimate beneficiaries of ownership. Litigation is not wealth-neutral. Could allow/permit exploitation. This might be too hard to implement.