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Fair Use

508 published works

  1. The Trademark Blog

    Are We Having Fair Use Yet?

    By Marty Schwimmer

    Zippy The Pinhead on fair use, via Copyfight. Official Zippy site.

  2. The Trademark Blog

    Sweet Nominative Fair Use of Mine

    By Marty Schwimmer

    FindLaw reports that a California federal court has rejected a motion for injunctive relief brought by Axl Rose of Guns N' Roses, to prevent the use of the name HOLLYWOOD…

  3. The Trademark Blog

    Parody – Discuss Amongst Yourselves

    By Marty Schwimmer

    Parody fact pattern. Assume that this work does not originate with the owner of the trademarks and copyrights in Miss Piggy (I don't know where it came from).  A non-infringing parody…

  4. The Trademark Blog

    Fox Motion Against Franken Denied – Court Holds Claim "Wholly Without Merit."

    By Marty Schwimmer

    Yahoo is reporting that District Court Judge Chin has denied Fox' motion for an injunction against the Al Franken book "Lies and the Lying Liars Who Tell Them," stating that…

  5. The Trademark Blog

    EBAY, GOOGLE, Paid Search and Nominative Fair Use

    By Marty Schwimmer

    Because I'm writing an article on the application of trademark law to paid search, in connection with which I have looked at the trademark and relevancy policies of the search…

  6. LawSites

    FindLaw co-founder helps overhaul Stanford fair use site

    By Robert Ambrogi

    The Stanford Copyright & Fair Use Web site today announced a complete redesign and update, overseen by Timothy Stanley, who earlier this year left FindLaw, the company he co-founded. The…

  7. The Trademark Blog

    The End to One BEANIE BABY Fair Use Case

    By Marty Schwimmer

    The Supreme Court denied cert  today in Ty, Inc.v. Publications Int'l Ltd ., 292 F.3d 512 (7th Cir. 2002) (Upholding fair use of BEANIE BABY marks in collectors' publications, Posner.,…

  8. The Trademark Blog

    Fair Use of SNAKEHEAD FISH for Snakehead Fish

    By Marty Schwimmer

    Here's a guy who is attempting to use trademark law to build up some sort of snakehead fish monopoly.  Let's be clear - I can sell t-shirts with pictures of…