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Intellectual Property Protection Fair Use Trademarks

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

International Lawyers Network

Is There Liability for Removing or Altering Copyright Management Information from a Copyrighted Work?

Suppose you have uncovered a copyrighted work from another that contains copyright management information such as a copyright notice. However, you want to remove or alter this copyright management information. Should you...more

Katten Muchin Rosenman LLP

The Nittany Lions Are the Champs … Trademark Champs - The Katten Kattwalk/Kattison Avenue | Issue 4

Many eyes were on the Nittany Lions this past year as sports pundits speculated The Pennsylvania State University (Penn State) would make it to the College Football National Championship. But those with an interest in...more

Foster Garvey PC

Don't Get Benched: 5 Rules for a Winning Super Bowl Campaign

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With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National...more

Fox Rothschild LLP

New Year, New Public Domain Works: Copyright Public Domain Day 2025

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Every year, the world celebrates the first of January as Public Domain Day, marking the release of copyrighted works into the public domain. In 2024, we saw popular intellectual properties enter the public domain, including...more

Dorsey & Whitney LLP

Unauthorized Use of Banksy’s Work: Does a Street Artist Have Legal Recourse Against an Exhibition?

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Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists...more

International Lawyers Network

IP ├ IP???: The Logic Of Election Year Legal Disputes Over Proprietary Intangibles

Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those)....more

McDermott Will & Emery

All That Glitters: Use of Registered Mark To Describe Watch Color Was Fair Use

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use...more

Lippes Mathias LLP

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

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If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more

Womble Bond Dickinson

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

Womble Bond Dickinson on

Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more

Moritt Hock & Hamroff LLP

Mickey Mouse and the Public Domain: Is Use of Mickey Mouse Now Fair Game or Is that Just Fantasyland?

If you know me well, you know that I am an admitted Disney fanatic. So, you can imagine my initial horror when I heard media rumblings that Disney was losing its copyright to my favorite mouse, Mickey. Upon further...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

International Lawyers Network

With Friends Like These: Copyright Implications Of Novelists Drawing Inspiration From The Real Lives They Cross

Fiction writing has a curious claim on truth. We learn this at the youngest age, listening to fairy tales when the child in us “intuitively comprehends that, although these stories are unreal, they are not untrue …” ...more

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

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Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

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

MarkIt to Market® - June 2023: News Flash: Trademark Infringement is No Laughing Matter

The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more

Kaufman & Canoles

The Dog Days Are Over for Jack Daniel’s

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On June 8, 2023, brand owners breathed a sigh of relief with the Supreme Court’s unanimous ruling consistent with prior jurisprudence that potential infringers of a famous trademark are not precluded from liability by merely...more

White & Case LLP

Supreme Court Declines to Shred Rogers v. Grimaldi in Trademark Tug-of-War Over Dog Toy

White & Case LLP on

The Supreme Court issued a unanimous decision on June 8 in Jack Daniel's Properties v. VIP Products LLC, __ US __ (2023), a victory for Jack Daniel's in a battle over whether a dog toy infringed and diluted Jack Daniel's...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words...more

Fenwick & West LLP

Jack Daniel’s Takes a Bite in Trademark Dispute – Secures a Favorable Ruling by SCOTUS

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On June 8, 2023, the United States Supreme Court published its long-awaited decision in Jack Daniel’s Properties Inc. v. VIP Products LLC—a trademark dispute between whiskey maker Jack Daniel’s and VIP Products, the...more

Latham & Watkins LLP

Bored Apes Scores Win in Protecting Its Trademarks

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In a major Web3 trademark infringement case, NFT creators prevail over those with a bad-faith intent to profit. On April 21, 2023, Yuga Labs, the original creators of the Board Ape Yacht Club (BAYC) non-fungible token...more

International Lawyers Network

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A...

Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT...more

ArentFox Schiff

New/Old Threats to IP in the Metaverse

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The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

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

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

Venable LLP

Nike StockX Battle Heats Up

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A couple of weeks ago, we wrote an article concerning Nike's lawsuit against StockX. The original complaint primarily concerned StockX's nascent NFT program and Vault NFT offerings, alleging that the StockX NFTs featuring...more

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