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Features

Fourth Circuit Rules that Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use' Image

Fourth Circuit Rules that Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use'

Michael W. Mitchell & Edward Roche 

The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a "fair use" and when it will give rise to liability.

Features

Cultural Icons Spawn Lawsuits Worth Close Looks Image

Cultural Icons Spawn Lawsuits Worth Close Looks

Michael F. Snyder

The ownership of intellectual property rights can be at the core of legal disputes involving pop culture icons. Considering the goodwill, effort and money spent in building a brand, character or commercial impression, it is not surprising that parties to intellectual property agreements find themselves revisiting their arrangements over time. That is what is happening in two recent federal lawsuits, one in New York involving a beloved figure in Philadelphia sports and the other in California focused on the Old Spice cologne commercial jingle.

Features

How the U.S.-China Trade War Effects IP Strategy Image

How the U.S.-China Trade War Effects IP Strategy

Rob Maier

The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.

Features

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask Image

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask

Alan L. Friel

Part One of a Two-Part Article The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.

Columns & Departments

IP News Image

IP News

George Soussou & Jeff Ginsberg

More Than a Recitation of Hooke's Law Needed for Patent Protection A Claim for a Chair Limits the Claim to a Chair

Features

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies Image

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies

Stacey C. Kalamaras

This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.

Features

Exploring the Nebulous Boundaries of Trade Dress Image

Exploring the Nebulous Boundaries of Trade Dress

Nicole D. Galli 

Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.

Features

Damages for Extraterritorial Infringement of U.S. Patents Image

Damages for Extraterritorial Infringement of U.S. Patents

Aaron Davidson 

A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.

Columns & Departments

IP News Image

IP News

Howard Shire & Christine Weller

Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?

Features

Analysis of Warhol Art Fair Use Ruling Image

Analysis of Warhol Art Fair Use Ruling

Robert W. Clarida & Robert J. Bernstein

The U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.

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