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- turnabout is fair play: undisclosed sponsorship of “objective” report could be misleading; overstatement of court holding could be defamatory
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- burden is on Ds to show unprotectability of what they copied
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Monthly Archives: May 2016
Amicus in Lanham Act/commercial speech case
Mark McKenna just filed this brief on behalf of law professors, including me, supporting a simple resolution of Tobinick v. Novella, which should be an easy case (and in easy cases it may be tempting to sweep too broadly). from … Continue reading
Throwback trade dress, Care Bears edition
Newly added to my collection, the infringing Dan-Dee teddy with the functional tummy graphics: American Greetings Corp. v. DanDee Imports, Inc., 807 F. 2d 1136 (3d Cir. 1986) from Blogger http://ift.tt/25qPUw9
NPR Marketplace on Oracle v. Google
I’m quoted in the story. from Blogger http://ift.tt/1WpwVwQ
Transformative work of the day, political edition
Rebel Girl: this pro-Clinton mashup was initially subject to a DMCA claim, but seems to have survived. from Blogger http://ift.tt/1sf5mKc
Posted in Uncategorized
Tagged music, political edition copyright, Transformative work of the day
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Techdirt on the MPAA v. the Writers Guild of America West on set-top boxes
Mike Masnick has the story, and I’m just going to quote him (and WGAW): Meanwhile, in what might seem like a surprising source, another group calling bullshit on the MPAA is the local Hollywood writer’s guild, the Writers Guild of America, West. Their full … Continue reading
Copyright Office NPRM indicaties desire to strip sites of 512(c) protection
Eric Goldman explains here. We already could tell that the Office was interested in shrinking the safe harbors; apparently the Office wants to do that in part by purging the list of registered DMCA agents every three years. As someone … Continue reading
Law firm advises: protect your brand via (c)
The advice from Drinker Biddle includes using the DMCA to get uses of your TM taken down, which is pretty much exactly the definition of one significant category of DMCA abuses. from Blogger http://ift.tt/25lpNa1
