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Tag Archives: copyright
Reading list: Carys Craig, The AI-Copyright Trap
The AI-Copyright Trap Carys J. Craig Abstract As AI tools proliferate, policy makers are increasingly being called upon to protect creators and the cultural industries from the extractive, exploitative, and even existential threats posed by generative AI. In their haste … Continue reading
allegations of copied instructions lead to finding of noninfringement and possible 512(f) violation
MFB Fertility, Inc. v. Action Care Mobile Veterinary Clinic, LLC, — F.Supp.3d —-, 2024 WL 1719347, No. 23 cv 3854 (N.D. Ill. Apr. 22, 2024) MFB sued Action Care for copyright and trademark infringement; Action Care counterclaimed for misrepresentation under … Continue reading
Posted in Uncategorized
Tagged copyright, defamation, dmca, tortious interference, trademark
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Reading list: Mala Chatterjee, Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright
Recommended! Short and thought-provoking. Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright Cambridge Volume on Intellectual Property & Private Law (forthcoming 2024) 15 Pages Posted: 2 Aug 2024 Mala Chatterjee Columbia Law School Date Written: July 22, 2024 … Continue reading
when weak TM claims do better than seemingly strong false advertising claims
Sanho Corp. v. Kaijet Technol. Int’l, 2024 WL 4553279, — F.Supp.3d —-, No. 1:18-cv-05385-SDG (N.D. Ga. May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which … Continue reading
Posted in Uncategorized
Tagged copyright, design patent, false advertising, trademark
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Revisiting Ty v. GMA
Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167 (7th Cir. 1997), features dueling bean bag animals. I’ve never been convinced the two pigs at issue were substantially similar, even in staged pictures, but Harvard’s amazing librarians finally dug up … Continue reading
Another API (c) case with false advertising and contract claims too
Trackman, Inc. v. GSP Golf AB, 2024 WL 4276497, No. 23 Civ. 598 (NRB) (S.D.N.Y. Sept. 24, 2024) Trackman makes the golf simulator game Perfect Golf, which offers users the ability to virtually play some of the most famous golf … Continue reading
Posted in Uncategorized
Tagged contracts, copyright, dastar, false advertising, preemption, trademark
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My latest copyright acquisition
From Franklin Mint Corp. v. Nat’l Wildlife Art Exch., 575 F.2d 62 (3d Cir. 1978), the works in suit, Cardinals on Apple Blossom and The Cardinal: from Blogger http://tushnet.blogspot.com/2024/10/my-latest-copyright-acquisition.html
For-profit company can republish ASTM standards incorporated by reference into law
Am. Soc. for Testing & Materials v. UpCodes, Inc., No. 24-1895 (E.D. Pa. Oct. 2, 2024) ASTM, which produces technical standards, sued UpCodes for providing free online access to unauthorized copies of ten ASTM standards, all of which have been … Continue reading
Revisiting the Silvertop banana costume case
Silvertop v. Kangaroo (3d Cir. 2019) held that a banana costume was both copyrightable and infringed: In holding that the costume was protectable, the Third Circuit reasoned: Although a banana costume is likely to be yellow, it could be any … Continue reading
Copyright preemption in trade dress claims?
Scotts Company LLC v. SBM Life Science Corp., — F.Supp.3d —-, No. 2:23-cv-1541, 2024 WL 4217446 (S.D. Ohio Sept. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged rights in its … Continue reading