Posts filtered by tags: Fair Use[x]


Appeals court knocks down $4M verdict against Zillow

An appeals court has overturned a lower court's ruling that Zillow Group willfully infringed on photos belonging to photography firm VHT and sent the case back to a lower court.
Tags: Technology, Marketing, Copyright, Copyright Infringement, Radio, Fair Use, Zillow, Appeals Court, Zillow Group, Select, VHT, Real Estate Photography, Brian Balduf

A massive victory for fair use in the longrunning Dr Seuss vs Star Trek parody lawsuit

Back in 2016, the Dr Seuss estate won a preliminary court action against "Oh, The Places You'll Boldly Go!" a crowdfunded parody of Dr Seuss's "Oh the Places You'll Go!" and Star Trek, written by veteran Star Trek creator David "Tribble" Gerrold and illustrated by the comics giant Ty Templeton. In 2017, Comicmix, the publisher, secured a partial legal victory, but the Seuss estate wasn't done -- they have been litigating ever since, but now it appears the fight is done, and Comicmix has pr...
Tags: Google, Post, Happy Mutants, Science Fiction, Copyfight, News, Supreme Court, Law, Parody, Star Trek, Fair Use, Ruth Bader Ginsburg, Oracle, Timothy Geigner, Kirk, Mattel Inc

Rivian’s F-150 Masquerade: Fair Use or Trade Dress Infringement?

A little over one year ago, I blogged about , asking who owns the right to the “Spaceman” rider’s mark? Today I post a differnt thought-provoking question about electric car company Rivian: Does Rivian’s use of a Ford F-150 body when testing its electric truck technology in public risk trade dress infringement? If you haven’t seen the recent headlines, startup electric truck company Rivian has been testing its 100% electric truck technology under the hood of a Ford F-150 body: Credit: AutoBlo...
Tags: Articles, Infringement, Ford, Fair Use, Counterfeits, Branding, Touch, Trademarks, Squirrelly Thoughts, Non-Traditional Trademarks, Product Configurations, Sight, Dilution, Famous Marks, Rivian, R J Scaringe

The Tyranny of Fair Use (Part III): A Judge’s Critique, Explosive Data, and One Sad Saga

The increasingly muddy morass of the “fair use” doctrine.
Tags: Law, Copyright, Intellectual Property, Fair Use, Pierre Leval, Small Law Firms, Scott Alan Burroughs

Raindrops On Roses And Whiskers On Kittens . . . And A Few Of My Favorite Fair Use Things We Enjoy Every Day

The next time you use a search engine, enjoy parody, share a meme, or read the news, give thanks for fair use.
Tags: Law, Copyright, Intellectual Property, Fair Use, Krista L. Cox, Fair Use Week

The Tyranny Of Fair Use (Part II): One Person’s Outsized Impact On Copyright Law

Fair use in copyright wasn't always so 'transformative' until this law review article was published.
Tags: Law, Copyright, Intellectual Property, Fair Use, Pierre Leval, Scott Alan Burroughs

The Tyranny Of Fair Use: How A Once-Humble Copyright Doctrine Tormented A Generation Of Litigants

We have strayed far afield from the doctrine’s genesis.
Tags: Law, Copyright, Fair Use, Scott Alan Burroughs

Beyoncé Done Battling Over Use Of Feyoncé

You may recall that DuetsBlog informed you in May of 2016 (here) that Beyoncé filed suit in New York federal court against a company and its owners who were using the mark Feyoncé on apparel and other products, such as mugs. She has now dismissed the lawsuit—likely based on a settlement (although the settlement has not been reported yet, and if there is a confidentiality provision in the agreement we may never know for sure). Beyoncé was understandably troubled when the company began using both...
Tags: Fashion, New York, Beyonce, Marketing, Infringement, Fair Use, Settlement, Civil Procedure, Branding, Trademarks, Fiance, Single Ladies, Blue Ivy Carter, Famous Marks, Law Suits, Intellectual Property Rights

Your Big Trademark Predictions for 2019?

Before we think predictions for 2019, let’s consider the vast ground we’ve covered in 2018: The TTAB turned sixty years old, so we offered some commentary and predictions; Super Bowl LII came to Minneapolis, so we covered ambush marketing and fair use; We celebrated a Minnesota Vikings’ Minnesota Miracle, a very distant memory now; Following that Miracle, Martha explained why the Philly Special isn’t so special; Draeke shared in a Strafford webinar; We happily celebrated our ninth birthday on...
Tags: Apple, Supreme Court, Minneapolis, New York City, Advertising, Marketing, Articles, Budweiser, Uspto, Super Bowl, Fair Use, Seattle, Billboards, First Amendment, Lexblog, Branding

Willie Nelson meme on Facebook was not clearly fair use

Plaintiff photographer sued website publisher (who also maintained a Facebook page to go with the website) for copyright infringement. Plaintiff claimed defendant infringed plaintiff’s copyright in a photo plaintiff took of Willie Nelson when defendant posted the photo on Facebook with a cultural message superimposed over the photo in the form of a meme. Defendant moved to dismiss for failure to state a claim, on the basis of fair use. The court denied the motion, applying the fair use test set ...
Tags: Facebook, Law, Copyright, Willie Nelson, Fair Use, Usc, Willie Nelson Philpot, Alternet Media Inc

When the Internet Archive Forgets

On the internet, there are certain institutions we have come to rely on daily to keep truth from becoming nebulous or elastic. Not necessarily in the way that something stupid like Verrit aspired to, but at least in confirming that you aren’t losing your mind, that an old post or article you remember reading did, in…Read more...
Tags: Science, Libraries, The Internet, Fair Use, Wayback Machine, The Internet Archive, Verrit

Foto Fair Use Defense Rejected In Fortune Mag Copyright Spat

A rare look at a court’s application of the fair use defense in the context of an online photography case.
Tags: Law, Copyright, Intellectual Property, Fair Use, Scott Alan Burroughs

What We’ve Learned From A Decade-Long Copyright Case — And It’s Still Not Over

After watching a decade of litigation in this case, what lessons have been learned?
Tags: Law, Copyright, Intellectual Property, Fair Use, Krista L. Cox

Fox News uses photo even after the owner rejects them

It’s not always easy to determine what falls under fair use of images. But if you ask for a permission to use a photo and get rejected, it’s pretty clear what you should (not) do, right? Still, sometimes people don’t realize that “no” means “no,” and they decide to use the photo after all. This […] The post Fox News uses photo even after the owner rejects them appeared first on DIY Photography.
Tags: Photography, News, Copyright, Fox News, Fair Use, Photo Credit

Richard Prince: Thief, Appropriation Artist, Or Performance Artist?

Not surprisingly, he’s now embroiled in another copyright infringement suit again involving appropriation art.
Tags: Law, Copyright, Intellectual Property, Fair Use, Richard Prince, Krista L. Cox, Appropriation Art

Brian Reedy's pop-culture, rice-paper linocuts

Miami artist Brian Reedy creates pop-culture block prints that he sells on Etsy; his store is full of amazing handmade linoblock rice-paper prints, at $20 each, like "A Trip To The Moon," "The USS Enterprise," "Darth Vader Samurai," "Star Wars Still Life," and a superb set of Universal Monster prints: "The Creature From the Black Lagoon," "Frankenstein's Monster," "The Mummy," "Dracula," and "The Wolfman." A Trip To The Moon The USS Enterprise Darth Vader Samurai Star Wars Still Life ...
Tags: Art, Post, Happy Mutants, Gift Guide, Copyfight, News, Etsy, Fanac, Miami, Fair Use, Monsters, 20 Each, Brian Reedy

The Potential Folly of Pursuing Only a Hashtag Mark

Credit: Local Solutions I write today regarding a squirrelly thought: are the benefits of registering a hashtag trademark almost always outweighed by the consequences? In light of a recent Trademark Trial and Appeal Board (“TTAB”) ruling and the Trademark Manual of Examining Procedure’s (“TMEP”) provisions, hashtag marks offer much less protection than traditional character-based marks, such that the latter are preferable in most situations. We’ve all seen hashtag words and phrases (without spa...
Tags: Facebook, Twitter, Articles, Hashtag, Infringement, Hash, Uspto, Word, Fair Use, Trademark, Branding, Likelihood Of Confusion, Trademark Registration, Trademarks, Mark, Local Solutions

‘O’ Stands for Oklahoma, Ohio, Oprah…

As Steve blogged earlier this week, we’ve had a lot of “zero” on the mind lately—marks related to the word and numeral. It got me thinking about the letter ‘O,’ especially since it has been in recent trademark news. If you missed it, The Ohio State University and Oklahoma State University are now dueling it out at the USPTO over Oklahoma’s trademark application related to the block ‘O.’ Specifically, Oklahoma is attempting to register a mark of “a drum major marching while leaning back with head...
Tags: Oregon, Marketing, Articles, University, Uspto, Ohio, Oklahoma, Fair Use, Oprah, Letter, Trademark, Steve, Branding, Block, Trademarks, State

Battle Over Trademark in NOLA

The trademark ST. ROCH MARKET is at the heart of a dispute in New Orleans (aka NOLA).  The City of New Orleans is battling in court with the current lessee of the building associated with the trademark. ROCH MARKET has been associated with a popular market in New Orleans since 1875. Prior to Hurricane Katrina, the market sold fresh seafood. After begin devastated by the hurricane, the City pumped over $3.2 million dollars to transform the place into a food hall with vendors selling seafood, con...
Tags: Food, New York, Court, Marketing, Articles, Infringement, Chicago, United States, Uspto, New Orleans, Miami, Nashville, Fair Use, Civil Procedure, Branding, Trademarks

Disney (yes, Disney) declares war on "overzealous copyright holders"

Disney is being sued by the Michael Jackson estate for using fair-use clips in a biopic called "The Last Days of Michael Jackson" -- in its brief, the company decries "overzealous copyright holders" whose unwillingness to consider fair use harms "the right of free speech under the First Amendment." (more…)
Tags: Post, Business, Happy Mutants, Copyfight, News, Law, Disney, Themepunks, Fair Use, Michael Jackson, Petard, 1a, Free Expression, Air Pirates Funnies

Universal, having learned nothing from its "dancing baby" ass-kicking, is once again attacking Prince fans

In 2008, Universal Music fraudulently claimed that a short Youtube clip of a toddler dancing to Prince's "Let's Go Crazy" was a copyright infringement, leading to eight years of litigation and, eventually, a landmark ruling secured by the Electronic Frontier Foundation in which the court found that Universal had a duty to consider fair use before using the Digital Millennium Copyright Act to censor other peoples' media. (more…)
Tags: Videos, Twitter, Post, Copyfight, Corruption, Music, News, Fanac, Censorship, Dmca, Universal, Prince, Fair Use, Electronic Frontier Foundation, Lenz, Dancing Baby

South Africa is considering a new copyright bill that is really, really good!

Here's some refreshing news: the pending reform to South African copyright is really excellent, with a fair use definition that futureproofs itself with the key phrase "such as" -- so naturally, giant entertainment companies are doing everything they can to kill it.
Tags: Post, News, Africa, Copyright, South Africa, Fair Use, Fair Dealing, Such As

This is Not the Statue You’re Looking For: The Post Office’s $3.5 Million Copyright Mistake

  Earlier this month, the United States Postal Service (USPS) was ordered to pay $3.5 million in damages to a sculptor for copyright infringement. Seeking a unique redesign for its “Forever” stamps, the USPS searched stock photos for images of the Statue of Liberty.  They found a particularly striking photo on Getty Images and paid $1,500 for a license.  Between 2010 and 2014, the USPS produced and sold 4.9 billion Forever stamps featuring the Statue of Liberty photo obtained through Getty Imag...
Tags: New York, Supreme Court, Post Office, Copyright, Getty Images, Copyright Infringement, Infringement, Usps, Las Vegas, Getty, Fair Use, Branding, Copyrights, United States Postal Service, Davidson, United States Postal Service USPS

Vacuum Wars: On-Product Comparative Ads?

When can a brand owner lawfully use a competitor’s trademark on the brand owner’s product? Over the years, we’ve lifted away a lot of dust on the hairy subjects of classic trademark fair use, nominative fair use, and comparative advertising, especially in the context of . It isn’t every day we see comparative billboard ads actually affixed to a product in question, so I can’t resist sharing this vacuum cleaner canister that captures all of these legal allergens at once: For those unfamilar wit...
Tags: Technology, Advertising, Marketing, Articles, Infringement, Fair Use, Dyson, Billboards, First Amendment, Branding, Trademarks, Steve Baird, James Mahoney, Nominative Fair Use, Nominative, Trademark Fair Use

Can a Word Which Means a Lot (Aloha) Mean Almost Nothing in Trademark?

Hawaii seems to be on the mind here at DuetsBlog lately. Last week, I had the pleasure of visiting three Hawaiian islands for the first time. While there, I quickly became acquainted with Hawaiian life and language. It’s a beautiful place; I recommend everyone visit. When I first landed on Kauai, the “garden island,” I was quickly greeted with “Aloha,” in sound, sight, and mind. Although most understand “Aloha” to be a friendly greeting, the word has much greater meaning. It also means love, aff...
Tags: Marketing, Articles, Hawaii, Uspto, Spirit, Fair Use, Sound, Trademark, Branding, Meaning, Kauai, Trademarks, Aloha, Aloha State, Mixed Bag of Nuts, Squirrelly Thoughts

History Saves Bourbon Distillery From Trademark Infringement

They say you can’t run away from your past, it will eventually catch up to you. Sazerac Brands may have just learned that lesson the hard way, thanks to the Sixth Circuit Court of Appeals. Sazerac Brands owns rights in the OLD TAYLOR and COLONEL E.H. TAYLOR brands of whiskey (distilled at Sazerac’s Buffalo Trace distillery). It isn’t surprising, then, that Sazerac was not pleased when a new company, Peristyle, began using “Old Taylor” to refer to its in-development distillery in social media and...
Tags: Sixth Circuit, Kentucky, Infringement, Fair Use, Taylor, Branding, Sazerac, Law Suits, Distillery, Sazerac Brands, Bourbon Battles, Castle & Key, Historical Use, Old Taylor Bourbon, Whiskey Wars, Sixth Circuit Court of Appeals Sazerac Brands

Paging Dr. Google, Juris Doctor — JD, That is?

North Memorial is pressing up its commitment to using the Google mark on outdoor billboards: I have the same questions from last month for its digital campaign in the Minneapolis skyway. And one more: Will this increased visibility result in an emergency, calling for a Juris Doctor? The post Paging Dr. Google, Juris Doctor — JD, That is? appeared first on DuetsBlog.
Tags: Google, Minneapolis, Advertising, Marketing, Articles, Search Engines, Fair Use, Billboards, Branding, Permission, Trademarks, Steve Baird, North Memorial, Nominative Fair Use, Famous Marks, Trademark Fair Use

Mur Lafferty wrote a science fiction story about the DMCA to help EFF's fair use for vidders campaign

Every three years, the US Copyright Office asks America about the problems with Section 1201 of the DMCA, which bans breaking DRM even for legal reasons, and America gets to answer with requests for exemptions to this rule. (more…)
Tags: Post, Happy Mutants, Science Fiction, Copyfight, News, America, Eff, Dmca, Drm, Fair Use, Apollo, 1201, War On General Purpose Computing, US Copyright Office, Mur Lafferty, Fanvidders

HBO Wins Copyright Infringement Case Over Graffiti Artist Relying On The De Minimis Copyright Exception

Copying is not just for 'pirates,' it’s a basic necessity in the creation of culture and innovation.
Tags: Hbo, Law, Copyright, Intellectual Property, Fair Use, Graffiti Art, Krista L. Cox, Itoffee R. Gayle

FanFlick Editor: an entry in EFF's Catalog of Missing Devices

Wonderful EFF supporters keep on coming up with great new entries for EFF's Catalog of Missing Devices, which lists fictional devices that should exist, but don't, because to achieve their legal, legitimate goals, the manufacturer would have to break some Digital Rights Management and risk retaliation under Section 1201 of the Digital Millennium Copyright Act. Now, EFF supporter Rico Robbins has sent us the "FanFlick Editor," a welcome addition to the Catalog, alongside of Dustin Rodriguez's ...
Tags: Post, Happy Mutants, Copyfight, News, Dmca, Drm, Design Fiction, Fair Use, Mashups, 1201, 1a, Cory Doctorow, EDL, Digital Rights Management, Clearplay, Edls