News & Analysis as of

Cariou v. Prince: A Controversial Redefining of the Distinction between Parody and Satire

The controversy that swirled around the 2013 Cariou v. Prince decision was once again ignited with the Seventh Circuit’s recent decision in Kienitz v. Sconnie Nation LLC – a decision that, fairly or unfairly, took direct...more

Crafting an Effective Fair Use Defense

The beer industry is rife with trademark legal issues. We’ve discussed quite a fe here, including disputes over brewery names, attempts to register as a trademark the design of a beer glass, or the longstanding issue of...more

CJEU clarifies scope of exception for parody: not just joking around

Under Belgian law, a copyrighted work may be used without the authorisation of the author(s) for the purposes of caricature, parody or pastiche. In the absence of any clear guidance on the interpretation of the concept of...more

The Art of Parodying a Global Mega-Brand

In February 2014, comedian Nathan Fielder orchestrated an ambitious publicity stunt – he crudely poked fun at global mega-brand Starbucks. His elaborate prank could have been a costly one. Fielder treated a long queue of...more

You Gotta Fight For Your Right To Fair Use

If you’ve got a Facebook account, the following video has probably made an appearance or two (or twenty) in your status feed last month...more

Goldieblox, Inc. v. Island Def Jam Music Group, et al.

Complaint for Declaratory Judgment and Injunctive Relief

An action for declaratory and injunctive relief to establish the rights of a toy company, GoldieBlox, in connection with a parody video set to the tune of the Beastie Boys’ song “Girls.”...more

Need A Last Minute Valentine’s Day Gift? Be Careful!

Do you need to buy a last minute Valentine’s Day gift? You may be thinking of picking up the best-selling book Fifty Shades of Grey. Be careful – you need to read this post so that you are not confused and buy something else....more

Controversial Film “Escape From Tomorrow” Shows Need to Protect Intellectual Property

“Escape From Tomorrow,” one of the most controversial films at the 2013 Sundance Film Festival, has put copyright and trademark law, as well as the question of what constitutes parody, in the spotlight. The film reminds...more

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