News & Analysis as of

Commercial Use Intellectual Property Protection

Vondran Legal

G&G Closed Circuit Events litigation overview

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Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments.  There are several...more

Manatt, Phelps & Phillips, LLP

Senators Officially Introduce NO FAKES Act with Digital Replica Right

On July 31, 2024, nearly ten months after introducing a discussion draft, a bipartisan group of Senators officially introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 (NO FAKES Act). The...more

Pillsbury - Propel

Trademark Fundamentals: What Is a Trademark?

Pillsbury - Propel on

For startups venturing into competitive business landscapes, protecting your brand is not just an option—it’s a necessity. One of the most effective ways to protect the investment you make in building your brand identity is...more

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

BakerHostetler

What do you Meme I can Reduce my Risks of Re-Posting Trending Content on my Brand Site?

BakerHostetler on

Some of my favorite requests come from brands that want to dive into a cultural moment and stop to ask their lawyers for advice. The week leading up to the “Barbie” premiere was so much fun (and check out Sarah’s “Barbie”...more

Mayer Brown

Industrial Design in the Spotlight: Key Takeaways in Brazil

Mayer Brown on

Investing in the creation of industrial designs is critical in modern business practice, as it allows a company’s product to stand out in an increasingly competitive market dynamic. Just as important as creating distinctive...more

Weintraub Tobin

Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights

Weintraub Tobin on

The rise of Deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing....more

Weintraub Tobin

The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights

Weintraub Tobin on

The rise of Deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing....more

Sunstein LLP

What is Transformative Use? Warhol Copyright Decision Exposes Surprising Tension Between Usual Supreme Court Allies

Sunstein LLP on

In May, the Supreme Court issued an unusually contentious 7-2 decision concerning the fair use defense available to alleged copyright infringers. The majority decision in The Andy Warhol Foundation for the Visual Arts, Inc....more

Katten Muchin Rosenman LLP

What the Supreme Court's Decision in Warhol Could Mean for the Future of Fair Use - Katten Kattwalk | Issue 25

In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law...more

Holland & Knight LLP

U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer

Holland & Knight LLP on

In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without...more

Venable LLP

How Will Use of Copyrighted Content in Artificial Intelligence Be Evaluated After the Supreme Court’s Warhol Decision?

Venable LLP on

The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will...more

Lathrop GPM

Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims

Lathrop GPM on

On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023). The 7-2...more

Morgan Lewis - Tech & Sourcing

Dungeons & Dragons: The Campaign for the Open Gaming License

Until early 2023, a public disagreement regarding open intellectual property licenses was ongoing between the owner of a significant piece of popular content—the roleplaying game Dungeons & Dragons (D&D)—and the individuals...more

Holland & Knight LLP

Image-Generating AI: Trends and Legal Challenges

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Like human intelligence, artificial intelligence (AI) can recognize patterns, predict outcomes, analyze complex problems and even equalize – or surpass – human creativity. Tech-generated innovative and creative processes are...more

Smart & Biggar

Commercializing NFTs – generating value from digital assets and intellectual property rights

Smart & Biggar on

2021 was a big year for Non-Fungible Tokens (NFTs) resulting in significant commercial value. The creators behind Cryptopunks, an NFT project with over $2 billion worth of trading volume, signed a representation deal with a...more

Benesch

IRPA Claims - A Troubling New Trend?

Benesch on

In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1 et seq....more

Dorsey & Whitney LLP

The Ghosts of Past Licensing Agreements Continue to Haunt Ms. Pac-Man

Dorsey & Whitney LLP on

1980 was a momentous year. Not only was it the year in which the Rubik’s Cube was first released, it was also when approximately 350 million people worldwide finally learned who shot J.R. on TV’s “Dallas” (spoiler alert: it...more

International Lawyers Network

Descendants of Danish well-known scientist could not prevent the use of his name by a large Danish based stated-owned energy...

The descendants of a well-known Danish scientist could not prevent the commercial use of the name ØRSTED as a trademark, domain and company name by the Ørsted Group (former Dong Energy A/S)....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - January 2019: It's a Bird! It's a Plane! It's Sufficiently Creative!

Last month American Airlines, Inc. successfully landed its turbulent pursuit to register its “Flight Symbol” logo with the Copyright Office, after the Copyright Office Review Board (CORB) electively revisited and reversed its...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2019

Fenwick & West LLP on

Deregulation is the New Buzzword in Washington — Except in the Tech Industry - The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more

Robinson+Cole Data Privacy + Security Insider

Walmart’s Patent for Drone Customer Service

Walmart recently filed a patent for drones to aid their shoppers inside their stores –that is, a shopper would use a mobile device, provided by the store, to request a drone, and then direct the drone to conduct a price...more

Dechert LLP

EC draft withdrawal agreement: IP rights

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The European Commission has produced a draft withdrawal agreement (the “Agreement”) chartering the path of the UK’s withdrawal from the EU. In the coming weeks, the Council of the European Union and the Brexit Steering Group...more

Hogan Lovells

Europe: Double victory for Coca-Cola – General Court stops free-riding from outside EU

Hogan Lovells on

Judgment of 7 December 2017 in Case T-61/16 – The Coca-Cola Company v. EUIPO / Modern Industrial & Trading Investment Co. Ltd (Mitico)) - The General Court confirms that actual commercial use of an EUTM application can...more

Hogan Lovells

Protection of common elements in trade dress – comparison of practices in China and US

Hogan Lovells on

In China, trade dress protection provides exclusive rights over a certain product get-up that acts as an indicator of origin. In order to qualify for protection, a trade dress must have a unique quality, rather than being...more

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