Topic
Fair Use
511 published works
Art Law Perspectives
A Week of Surreal Headlines: A Charging Bull Smashed by Man Wielding Banjo, A Stolen 18-Karat Gold Toilet, and a $20 Million Consignment Decided by a Game of Rock, Paper, Scissors
By Jana Farmer
UNITED STATES Mercedes-Benz Suit Against Street Artists Allowed to Proceed Mercedes-Benz brought a declaratory judgment action against four street artists who saw their work prominently displayed on social media as…
Chicago Business Litigation Lawyer Blog
Sports Drink Manufacturer Fairly Used Trademarked Phrase to Describe Its Products
By Peter S. Lubin, Patrick Austermuehle
A sports nutrition and wellness consulting firm sued a major manufacturer of sports drinks, arguing that the manufacturer had violated the consulting firm’s trademark when it referred to itself as…
Supreme Court Update
KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc. (03-409)
Greetings, Court fans! The Court issued only one opinion yesterday, unanimously reversing a Ninth Circuit decision that held that a trademark defendant asserting the affirmative defense of "fair use"…
Media Law Prof Blog
Menell, Balganesh, and Nimmer on Mashups and Fair Use: The Bold Misadventures of the Seussian Starship Enterprise @BerkeleyLawBCLT
Peter S. Menell, UC Berkeley School of Law, Shyamkrishna Balganesh, University of Pennsylvania Law School, and David Nimmer, Irell & Manell, LLP, have published Mashups and Fair Use: The Bold…
Intellectual Property Trends
Gatorade Prevails on Sports Fuel Slogan Use in Trademark Infringement Suit
By Peggy Keene
A three-judge panel of the 7th Circuit Court of Appeals recently ruled that Gatorade’s use of “sports fuel” was not an infringement of another company’s mark. In handing down the…
New Media and Technology Law Blog
New York Court Finds Warhol Series to be Fair Use of Prince Photograph
UPDATE: In March 2021, the Second Circuit reversed the lower court's ruling on fair use. On March 28, 2022, the Supreme Court granted cert. and agreed to hear the case.…
Anathem Law Blog
Copyright and Fair Use Law for Creators
Anathem Law Blog
Copyright and Fair Use Law for Creators
Copyright laws can seem confusing and difficult to navigate. To tell the truth, they are complicated. However, they are also important for creators to understand. Copyright laws determine what you…
The Brand Protection Blog
Copyright, “fair use,” and educational institutions
On May 23, 2019, a federal jury unanimously found that the Houston Independent School District willfully infringed 36 of DynaStudy’s copyrighted study guides, and awarded $9.2 million dollars. (DynaStudy, Inc.…
Media Law Prof Blog
Heymann on Reasonable Appropriation and Reader Response
Laura A. Heymann, William & Mary Law School, has published Reasonable Appropriation and Reader Response at 9 U.C. Irvine L. Rev. 343 (2019). Here is the abstract.Since the U.S. Supreme…