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Fair Use Copyright Infringement Trademark Infringement

Troutman Pepper Locke

Fair Is Fair? Navigating Product Integration and Clearance for Content Creators

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When you are in the business of creating content, it’s crucial to know when licenses or permissions are required to use the intellectual property of others (such as copyright and trademarks). In this article, we explore what...more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

HaystackID

Ongoing Legal Battles Over AI Copyright Infringement: Implications for Tech Companies

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The ongoing legal battle between several visual artists and generative artificial intelligence (AI) platforms, including Midjourney and Stability AI, has significant implications for copyright law and its application to AI...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

McDonnell Boehnen Hulbert & Berghoff LLP

Palworld: Friend or Foe?

On January 19, 2024, Palworld launched into early access on Xbox and Windows.  To say it was an overnight success is an understatement.  By only a month in, Palworld had been played by over 25 million players.To put this in...more

McDermott Will & Schulte

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Proskauer Rose LLP

Three Point Shot - Dec 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

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In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and the holiday product manufacturer, Fun World, over his...more

Weintraub Tobin

The Briefing by the IP Law Blog - Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

Weintraub Tobin on

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and the holiday product manufacturer, Fun World, over his...more

McDermott Will & Schulte

This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’

Presented with a publishing company defendant’s mashup of Dr. Seuss’ copyrighted works with Star Trek in a work titled Oh, the Places You’ll Boldly Go!, the US Court of Appeals for the Ninth Circuit tackled claims of both...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Dr. Seuss and Constitutional Cures

As one might expect, the past two weeks in the Ninth Circuit have been relatively quiet (though emergency litigation concerning California’s shelter-in-place order has kept some panels very busy).  But as always, the Court...more

Dorsey & Whitney LLP

Fair Use Mashup Theory Ga-Fluppted by Ninth Circuit

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Just in time to steal ComicMix’s Christmas, the Ninth Circuit recently held that the bookmaker’s mashup story Oh, the Places You’ll Boldly Go! (which combines elements of the Dr. Seuss book Oh, the Places You’ll Go! with Star...more

Weintraub Tobin

It’s No “Fair Use” Trying To Parody Dr. Seuss

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One of the last books written by Dr. Seuss, “Oh, The Places You’ll Go” is one of the bestselling books during graduation season each year. The copyright for this book, like all of the works of Dr. Seuss, belongs to Dr. Seuss...more

JAMS

Keepin' It Real: Courts Recognize the Legitimate Goal of Video Game Makers

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In two recent cases, federal courts have ruled in favor of video game makers regarding their use of certain images in their games. In each instance, the court took note of the video game company’s purpose in using the...more

Dorsey & Whitney LLP

Live Long and Mashup: Seussian-Style Universe Deemed Acceptable Fair Use

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In June of 2017, channeling the Seussian musings of the case at hand, we first introduced you to the Southern District of California case, Seuss Enters., L.P. v. Comicmix LLC, 372 F. Supp. 3d 1101 (S.D. Cal. 2019), which...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2020: "Soft" IP Takes Center Stage at the Supreme Court

The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more

Troutman Pepper Locke

Pepper Hamilton Higher Education "In Brief" Webinar Series: Intellectual Property Basics - What Every Higher Education...

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With a constantly evolving legal landscape, colleges, universities and independent schools encounter a vast spectrum of new topics on any given day. Pepper Hamilton's Higher Education Practice Group has created its "In Brief"...more

Jones Day

All's Fair in Whoville: Dr. Seuss Parody is Fair Use

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A play about an adult Cindy Lou Who is a fair use of How the Grinch Stole Christmas ("Grinch"), according to a July 6, 2018, opinion issued by the U.S. Court of Appeals for the Second Circuit. Affirming a declaratory judgment...more

Dorsey & Whitney LLP

Dr. Seuss is Drooling Over Court’s Pre-Holiday Ruling

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You know of this lawsuit, we’ve blogged on it twice, It’s time for a check-in, to see who’s naughty and nice. The Plaintiff as you know is the heir of Dr. Seuss, And fussing and fuming about an alleged unfair use....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

Tucker Arensberg, P.C.

Intellectual Property Risks With School And Teacher Websites

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Teachers and school districts continue to find new ways to use technology both in and out of the classroom. For example, it is becoming more and more common for teachers to launch their own classroom websites. ...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

Foley Hoag LLP - Trademark, Copyright &...

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

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