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Whether Purple or Orange, It’s Not Fair Use
In Brief: The case of the Andy Warhol Foundation and Lynn Goldsmith regarding photos of Prince has been kicking around the courts and this blog for 4 years. The Supreme Court has spoken holding that there was no fair use.
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Lizzo Turns a Meme into a Trademark
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Copyright Makes a Smidge of Room for AI Adjacent Content
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Patented Stylist Has a Wardrobe Malfunction
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Hijacking Yourself
In Brief: Using a different product’s favorable reviews on Amazon can lead to substantial FTC fines.
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Sour Cherry On Top of a Patent
In Brief: The date of first disclosure of a patent determines the time period in which an application can be filed.
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Trademark Application Strikes a Dissonant Cord
In Brief: The identification of goods and services in a trademark application isn’t as easy as it might look.
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Liquidated Damages Clause Doesn’t Hold Water
3/21/23 1
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Stop in the Name of a Patent Assignment
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Banana + Orange + Duct Tape = Art?
In Brief: Can a banana with duct tape infringe on the copyright of a banana and an orange with duct tape?
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Celebrating the Accomplished Life of Miriam Benjamin
In Brief: To mark the conclusion of Black History Month 2023, we celebrate the remarkable Miriam Benjamin.
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A Universal Truth is Not a Trademark
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Art Is In the Eye of the Economists
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One Punch is Not Like Another
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Patent Royalty Damages Aren’t Just a Matter of Simple Math
In Brief: Calculating royalty damages for patent infringement isn’t easy; even against a bratty, no-show defendant.
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The 2022 Crippys – The IP Criminals Hall of Fame
In Brief: As we enter awards season, it’s time to acknowledge those who achieved infamy in the world of Intellectual Property.
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Public Domain Class of 2023
In Brief: Each year, a new crop of creative works go into the public domain. This year, works created from 1927 go into the public domain. The class motto is “The Best Things in Life are Free".
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Edison and the Santa Claus Movie
In Brief: Reaching back into IP history, we find that “A Trap for Santa” was at the heart of an IP dispute in the early 1900s.
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No Accounting for Mouthwash Taste
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Coffee Trademark Case Gets Roasted
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Mark Me Zero
In Brief: A patent infringer is not liable for damages incurred before notice of plaintiff’s patent rights.
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Court Rains on Parade of Termination Rights
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Happy Halloween: Writer of “Friday the 13th” Decapitates His Original Agreement
In Brief: An author has a right to terminate a copyright transfer after a certain number of years.
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Zombie Trademarks Live
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Fair Use Defense Drowns in a Desert Lake
In Brief: A picture is worth a thousand words but using it may not pass the fair use test.
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