Category

Fair Use
In a world of bustling creativity and a thriving technology industry, it is essential for businesses and startup companies to be wary of copyright issues. Generally, copyright protection is automatic and provides the author exclusive rights to reproduce and distribute the work. However, copyright owners are only entitled to bring a claim for infringement against...
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When is it Ok to Use Another’s Artwork?
When is it Ok to Use Another’s Artwork? Use Another’s Artwork? – Today we take a look at the case of Seltzer v. Green Day and examine the circumstances under which one may use the creative works of another person. The major issue in the case was fair use of copyrighted material – in this...
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Fair Use - Descriptive Marks
Fair Use of Descriptive Marks Fair Use – Today we take a look at the fair use defense to allegations of trademark infringement.  Beware!  The fair use defense in trademarks is quite different from its more notorious cousin, the fair use defense in copyright actions.  In a previous post we looked at Zatarain’s v. Oak Grove Smokehouse to...
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Recent Articles

Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite
April 26, 2021
A Rose By Any Other Name … But Likely Not a Trademark
April 5, 2021
Trademark Modernization Act of 2020: Increasing Protective Measures
March 1, 2021