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Appeals Commercial Use

Dorsey & Whitney LLP

Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

Dorsey & Whitney LLP on

Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more

McDermott Will & Emery

Purple Pain: Warhol's Prince Series Isn't Fair Use of Photographer's Image

In a case spanning nearly 40 years of art and touching the estates of two of the world’s most well-known artists, the US Court of Appeals for the Second Circuit clarified its position on the application of the fair use...more

Snell & Wilmer

In California the Housing Crisis Yields to Luxury Spas

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A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. ...more

McDermott Will & Emery

Good Faith Belief That Content Isn’t Copyrighted Is Bad Infringement Defense

McDermott Will & Emery on

Addressing whether the fair use defense applies to the use of stock photographs under the Copyright Act, the US Court of Appeals for the Fourth Circuit concluded that a company’s commercial use of an unlicensed photograph...more

Dechert LLP

Trademarking a Sound: The First Sound Trademark granted through a Judicial Proceeding in China

Dechert LLP on

The Beijing High Court recently made a final judgement in favor of Tencent, finding that the notification beeping sound of the digital company’s instant-messaging and social network services is distinctive enough to be...more

Fenwick & West LLP

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

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In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more

Jackson Walker

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

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When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more

Mintz - Sports Entertainment Viewpoints

NCAA’s System of Amateurism

Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more

King & Spalding

Electronic Privacy Information Center Challenges FAA’s New Drone Rules Over Lack Of Privacy Safeguards

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On Monday, August 22, the non-profit Electronic Privacy Information Center (“EPIC”) brought suit in the U.S. Court of Appeals for the D.C. Circuit against the Federal Aviation Administration (“FAA”), challenging the lack of...more

Beveridge & Diamond PC

Court Upholds By Right Reconstruction Of Dimensionally Compliant Nonconforming Use

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Closing another loophole in law of nonconforming structures and uses, the Massachusetts Appeals Court has held that no zoning relief is required to tear down and reconstruct a nonconforming use that is dimensionally...more

Poyner Spruill LLP

NC Appellate Courts Hold Grandfather Mountain Must Pay Property Tax

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In a decision that substantially protects property tax bases for local governments in North Carolina, the North Carolina Supreme Court has declined to review a Court of Appeals decision holding that one of North Carolina’s...more

Weintraub Tobin

Cambridge v. Becker – A Copyright Win For Publishers or an Enlargement of Fair Use?

Weintraub Tobin on

Recently the 11th Circuit addressed on appeal the question of whether fair use insulates from copyright liability a University which offers to its students a digital repository of reading material culled from third party...more

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