Monthly Archives: August 2018

Sony’s claim that Michael Jackson performed songs on album was just its opinion

Serova v. Sony Music Entertainment, — Cal.Rptr.3d —- , 2018 WL 4090622, No. B280526 (Ct. App. Aug. 28, 2018) [This case says a bunch of stuff that’s way too broad for the facts; people who are concerned about things like … Continue reading

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Amicus seeking rehearing in Honey Badger case

Mark Lemley, Mark McKenna, and I wrote a brief in support of rehearing.  Here’s hoping! from Blogger https://ift.tt/2BVQpGR

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Nominative fair use defense in 2d Cir goes about as well as you’d expect on motion to dismiss

Excelsior College v. Wolff, 2018 WL 3964703, No. 17-CV-0011 (N.D.N.Y. Aug. 16, 2018) Excelsior alleged that Wolff infringed its rights by advertising and selling a test preparation service that uses Excelsior’s registered marks and copyrighted material for a Clinical Performance … Continue reading

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No need to be chicken about copying in poultry feeder case

CTB, Inc. v. Hog Slat, Inc., 2018 WL 4035945, No. 14-CV-157-FL (E.D.N.C. Aug. 22, 2018) CTB sued HS for making an allegedly exact replica of CTB’s poultry feeder, infringing its registered trademarks for product configuration and color (color on the … Continue reading

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No, wood is good: possibility of detecting image manipulation keeps image from literal falsity

Louisiana-Pacific Corp. v. James Hardie Building Prods., Inc., No. 3:18-cv-00447-JPM, 2018 WL 3978364 (M.D. Tenn. Aug. 20, 2018) LP challenged statements JH made regarding engineered wood siding products in its “No Wood Is Good” marketing campaign. The parties compete in … Continue reading

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Don’t send a trademark to do a copyright’s job, forestry edition

Munro v. Lucy Activewear, Inc., No. 16-4483 (8th Cir. Aug. 9, 2018) Munro is an artist best known for his works “Field of Light” and “Forest of Light”—“large-scale, immersive, light-based installations, and exhibitions.” Lucy allegedly proposed a Lucy advertising and … Continue reading

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Reading list: copyright and AI

Jane C. Ginsburg and Luke Ali Budiardjo, Authors and Machines: Machines, by providing the means of mass production of works of authorship, engendered copyright law. Throughout history, the emergence of new technologies tested the concept of authorship, and courts in … Continue reading

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