Posts Tagged: fair use
What Baby Yoda and T-Mobile’s Magenta Mark Can Teach Us About When to Enforce IP Rights
Deciding whether or not to enforce one’s intellectual property rights is a significant decision for any business (or individual). Litigation in general tends to be an …
High Court This Time Grants Google’s Petition on Copyright for Software Interfaces
The Supreme Court has agreed to hear Google’s petition for a writ of certiorari in its long-running case with Oracle. The High Court will decide: 1. Whether …
The Changing Landscape of Copyrights Part II: The Warhol Case Continues Trend in Favor of Fair Use
In my previous post, I explored how times have changed for photographers who once appeared to have the upper hand in copyright infringement disputes with appropriation artists …
The Changing Landscape of Copyrights: Hope Shifts from Photographers to Users
Copyrights protect original works of authorship fixed in a tangible medium of expression. When photographers take pictures of individuals, there are substantial questions regarding the elements that …
Seventh Circuit Finds Gatorade’s Use of ‘Sports Fuel’ in Its Slogan Constitutes Fair Use
The United States Court of Appeals for the Seventh Circuit last week ruled that well-known sports drink maker Gatorade's use of the slogan, ““Gatorade The Sports Fuel …
CJEU Backs Kraftwerk in Music Sampling Copyright Case
The Court of Justice of the European Union (CJEU) has ruled that a phonogram producer can prevent another person from taking a sample, even if it is …
Not Here to Start Trouble: Court Rules Documentary’s Use of Super Bowl Shuffle Was Fair Use
The Eighties are in! A contagious wave of nostalgia has infected popular culture with period TV series, from shows like Stranger Things to rebirths and reboots of …
INTA Annual Meeting Highlights: Gen Z, Fan Fiction, and AI
Much has been made in the last week or two of the International Trademark Association’s (INTA’s) study, Gen Z Insights: Brands and Counterfeit Products, which …
Other Barks & Bites for Friday, March 15: Final Notice on USPTO MTA Practice, Boalick Appointed Chief PTAB Judge, and More
This week in Other Barks & Bites: the U.S. Patent and Trademark Office promotes Scott Boalick to Chief Judge of the Patent Trial and Appeal Board (PTAB); …
Capitol Records v. ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine
The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. ReDigi Inc. affirming a previous finding out of the Southern …
Nintendo Files Copyright, Trademark Infringement Suit Against Operator of ROM Websites
Nintendo’s complaint targets the operator of LoveROMS.com and LoveRETRO.co who has made thousands of Nintendo titles available online for free from platforms including the …
Judge Rules Photographer Owned Marilyn Monroe Photo Copyright, Fair Use Moves to Trial
U.S. District Judge Paul Engelmayer of the Southern District of New York recently entered an opinion and order in a copyright case involving the famed “Last …
Costumes and Copyrights: Can you afford to wear that?
There’s a season every year where individuals dress-up in homemade costumes and gather for tricks, treats… and comic books? That’s right, it’s comic-con season! …
Oracle v. Google: Protecting Software Development, Not Destroying It
Many articles are coming out about how the recent decision in Oracle America v. Google is going to destroy the ability to create and protect software in …
Oracle America v. Google, Free Java: Fair or Unfair?
The Federal Circuit recently decided the case of Oracle America v. Google Inc. To “attract Java developers to build apps for Android,” Google copied the declaring code, …
