Monthly Archives: August 2017

Fair Use Not So Fair for Defendants in Recent Copyright Cases

Two recent cases demonstrate the limits of crying fair use in response to copyright infringement claims, particularly because they show the perils of arguing the defense to have a case dismissed at an early stage in litigation. Courts employ a balancing test when analyzing whether a defendant's copying amounts to infringement or fair use. The…
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IP Followup: Aftermath of Tam, and More Copyright Registration Discord

A couple of recent events in IP law offer codas to issues discussed in this blog earlier in the year. Here is a quick recap: Redskins Trademark Registration Case Dies After SCOTUS Tam Ruling The case to cancel the Washington football team's trademark registrations in its moniker ended quietly in light of the Supreme Court's Tam ruling. A group…
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Summer of Love (and Knockoffs) Continues with Jewelry Copyright Case

Brighton Collectibles, a Los Angeles women's fashion accessories company, has filed a copyright infringement suit against Macy's over alleged infringement of its “Reno Heart Bracelet” and “Reno Heart Necklace” designs. This suit continues a summer of cases involving high profile knockoffs, and follows on the heels of the Puma copyright and trademark infringement suit against…
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