News & Analysis as of

Brand Fair Use

Farella Braun + Martel LLP

Copyright Law for Influencers and Brands: How Content Creators and Companies Hiring Them Can Navigate Copyright Law for a...

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise,...more

Lippes Mathias LLP

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

Lippes Mathias LLP on

If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

Womble Bond Dickinson on

Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

Cole Schotz

Barbie vs. Barbie Girl, Considerations in a Parody World

Cole Schotz on

In the United States, the first amendment and the laws that follow provides robust protections to parodies. This was something Mattel, the toymakers behind Barbie, learned firsthand in Mattel, Inc. v. MCA Records,296 F.3d 894...more

Holland & Knight LLP

The Metaverse: Artistic Uses of Trademarks in Virtual Spaces

Holland & Knight LLP on

The metaverse provides new opportunities to engross consumers in branded environments. A brand can, for example, produce an entire curated, virtual world for the consumer to explore. As a real-world analogy, such virtual...more

Dunlap Bennett & Ludwig PLLC

Fantasy & Fair Use: How Intellectual Property Plays a Critical Role for D&D

Much to the delight of Dungeons & Dragons (“D&D”) fans, a new animated fantasy show was released on Amazon Prime in late January and has taken the internet by storm. The Legend of Vox Machina is based on the popular...more

Foster Garvey PC

Planning a Super Bowl- or Olympics-Themed Marketing Campaign? Quick Tips for Staying in Bounds and Avoiding Disqualification

Foster Garvey PC on

Super Bowl - With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by...more

Robinson & Cole LLP

IP+T Intelligence Newsletter - Q4 2021

Robinson & Cole LLP on

Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. The Trademark...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

Weintraub Tobin on

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and the holiday product manufacturer, Fun World, over his...more

Weintraub Tobin

The Briefing by the IP Law Blog - Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

Weintraub Tobin on

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and the holiday product manufacturer, Fun World, over his...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Practice Tips: Fair Use of a Trademark (Part II)

Sometimes it is necessary to use a third-party trademark to refer to the owner of a trademark or its goods and services, and not to describe a particular good or service. Can this use result in trademark infringement? ...more

Dorsey & Whitney LLP

PSALM WEST™: A Brand Is Born

Dorsey & Whitney LLP on

On May 9, 2019, Kim Kardashian West and Kanye West’s fourth child, Psalm West, was born. On May 18, 2019, Kim Kardashian West’s company, fittingly named Kimsaprincess Inc., filed sixteen trademark applications for PSALM...more

Hogan Lovells

N.D. California Straightens Out Competitor’s Use of Infringing Hashtags: #newdevelopments in Using Trademarks as Hashtags

Hogan Lovells on

The Northern District of California recently released an order that sheds new light on how courts grapple with the constantly-increasing use of trademarks as hashtags....more

Jaburg Wilk

Fair Enough: The “Fair Use” Defense to Trademark Infringement

Jaburg Wilk on

In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of...more

Womble Bond Dickinson

Being your Best Brand: A Lesson from the Luxury Market

Womble Bond Dickinson on

Becoming, and staying, a great brand is rife with challenges and the need to protect and enforce a brand is never ending. This is especially true in the luxury world, where brands are constantly challenged by counterfeit...more

Dorsey & Whitney LLP

No Free Ride for Copycat Perfume Company – Fair Use Rejected, False Advertising Found, Accounting of Profits Awarded

Dorsey & Whitney LLP on

Well-known perfume marketer Coty Inc. had a big win in New York federal district court, obtaining injunctive relief and $6.5 million dollars in an accounting of profits from copycat perfume seller Excell Brands, LLC. In an...more

Knobbe Martens

#RIO, #SUPERBOWL, #FAIRUSE?

Knobbe Martens on

It’s Olympics time! And while most of the news has been about Zika and the conditions on the ground in Rio, brand owners know this as a time when the U.S. Olympic Committee is on the warpath sending notices and cease and...more

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