29 Mar’19

Fair Use: Friend or Foe?

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Several months back in an article discussing Brand Extendibility, I touched on a humorous exchange between In-N-Out Burger and a microbrewery regarding some obvious trademark infringement. In that case, the burger chain’s attorneys decided to approach the situation in a light hearted manner, issuing a pun-filled cease and desist notice. Earlier this month, however, the […]

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22 Mar’19

Fourth Estate v. Wallstreet: Application is not Registration and the Interpretation of “has been made”

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On March 4, 2019 the Supreme Court of the United Stated issued its decision in the Fourth Estate v. Wall-Street.com copyright infringement case. The issue before the Court related to the interpretation of title 17 U.S.C. section 411(a) which states that “no civil action for infringement of the copyright in any United States work shall […]

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