Beyond fair use
We’re a little obsessed here with the rights of “unauthorized” resellers to use the trademarks that describe the stuff they’re reselling. So this UK domain... Read more
Tag: Fair Use
Nominative fair use: The Second Circuit names names
Nominative fair use — the “unauthorized” use of a trademark as a trademark specifically to invoke the trademark, as opposed to its “non-trademark” use to... Read more
Good Deed for the Day: Helping Old Producers Cross Agents
In far-off Hong Kong, the Motion Picture Association has created a Boy Scout merit badge on copyright [original link lost, sorry — RDC]: Boy Scouts in Hong... Read more
Best of 2009: The DMCA and the search engine
Posted on August 6, 2009. Traverse Legal: Mary Roach has a great post at CircleID on an area that we have talked about extensively, namely, copyright... Read more
Unfair use
More pain, very little gain — besides for lawyers’ college funds — in the roiling world of trademark fair use. Originally posted 2012-09-10 06:00:30. Republished... Read more
The Sound of silence
Michael Atkins is beside himself with intellectual-property-enforcement frustration about the use of an image of the Seattle Space Needle — a tall pointy building what... Read more
More fair use follies: copyright infringement by court filing?
Evan Brown reports (links added): The parties in the matter of Shell v. Devries, a case from the U.S. District Court for the District of... Read more
Best of 2009: “Adverference?”
This was originally published on January 22, 2009: Working from home today after a bruising few weeks at work (see yesterday’s post!), I finally figured... Read more
The unbearable dumbness of threatening
I’ve made a career here of tut-tutting the impolitic and brand-negating utterance of baseless cease and desist and other threatening letters based on IP infringement,... Read more
Hitler on copyright
The “Downfall parodies” aren’t really parodies, in the legal sense. But as this one demonstrates, “Hitler” does seem to understand something about copyright, law, IP... Read more
Second Circuit and the whole of the law on confusion
This is big, but stay calm. Though I hardly can. I took some heat a little while ago for suggesting, contrary to my generally skeptical... Read more
The “Fair Use Massacre” (updated)
First, this vintage LOC item: Fred von Lohmann of the EFF calls out YouTube: Fair use has always been at risk on YouTube, thanks to... Read more
Semi-monthly off the wall tweets
Here’s what I have been chirping about lately: RT @ArsLaw: Tenenbaum: $675K stat. dams absurd; I caused $21 in losses | Ok, even I don’t... Read more
Little people, big lawsuits
The Washington Post reports on legal action taken by ordinary folk against Big IP Content Generating institutions for lifting and using “user-generated” content, i.e., pictures... Read more