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Dilution › Fair Use › Copyright Infringement

Fenwick & West LLP

Two Federal Courts Rule That Reproduction of Books to Train LLMs Is Fair Use - But with Caveats and Strikingly Different Views

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In separate high-profile actions brought by authors against Anthropic and Meta, two California federal judges ruled that the reproduction of copyright-protected books to train large language models (LLMs) was fair use that...more

International Lawyers Network

Out Of Character: Jersey Boys, Detective Stories, & The Case Of Space-Traveling Tardigrades

International Lawyers Network on

At heart, and still, I am a non-singing Jersey Boy, and one who grew up reading Sherlock Holmes stories and watching Star Trek, the Original Series (before it even needed that modifier), in reruns in the 1970s while also...more

Womble Bond Dickinson

Being your Best Brand: A Lesson from the Luxury Market

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Becoming, and staying, a great brand is rife with challenges and the need to protect and enforce a brand is never ending. This is especially true in the luxury world, where brands are constantly challenged by counterfeit...more

Sullivan & Worcester

“Charging Bull” Sculptor Articulates VARA Complaint, But “Fearless Girl” Still Standing Firm

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After a recent discussion about whether the new Fearless Girl sculpture by Kristen Visbal in Lower Manhattan might implicate the copyright of the earlier Charging Bull sculpture that has been there for nearly three decades,...more

Knobbe Martens

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

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On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark...more

Knobbe Martens

Trademark Review | February 2016

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The Federal Circuit Considers Constitutionality of Refusal to Register Scandalous and Immoral Marks - The Lanham Act prohibits registration of marks that are defamatory, scandalous or immoral. Last month, in In re Tam,...more

Dorsey & Whitney LLP

Louis Vuitton and My Other Bag – Do You Get The Joke?

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In a recent post, we discussed the trademark parody defense in the context of a California district court decision holding that the owner of the Superman “S” logo had adequately stated infringement claims asserted against a...more

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