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IP News
Confusion Analysis in Fair Uses Cases Contested in Supreme Court
On Oct. 5, 2004, the Supreme Court heard arguments on the issue of whether an accused trademark infringer must demonstrate an absence of likelihood of confusion prior to asserting the defense of fair use or whether fair use is an absolute defense.
In KP Permanent Make-Up Inc. v. Lasting Impressions Inc., cert. granted 124 S. Ct. 981 (No. 03-409), both parties are competitors in the field of micropigmentation (also known as permanent makeup). Lasting owns a federal registration for the stylized formulation of the words “MICRO COLORS” and KP, who used “MICROCOLORS,” sued to have the mark declared generic. The district court held that the mark was generic and that KP's use was protected under the fair use doctrine. The Ninth Circuit reversed. See 328 F.3d 1061 (9th Cir. 2003). A full explanation of the facts and the holdings of the Ninth Circuit decision was presented in the April 2004 edition of the IP Strategist.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?