By: Tyler Hampy As mentioned in my last post, this post will continue the discussion on the fair use doctrine. Specifically, this post will discuss whether parodies of copyrighted works can be considered fair use. To recap, the fair use doctrine permits the legal use of copyrighted material without first acquiring permission from the copyright […]
My last post related how Online Service Providers (OSPs) are subject to disqualification for § 512 safe harbor from copyright infringement liability based on actual or red flag knowledge of user-generated content (UGC) containing infringing material. Another disqualifier for safe harbor is the OSP’s control of and benefit from the infringing act. Control and Benefit […]
To prove copyright infringement, the plaintiff must show that it owns a valid copyright and must establish that the defendant engaged in the unauthorized copying of the work protected by the copyright. “Copying” refers to the act of infringing any of the exclusive rights that accrue to the owner of a valid copyright under 17 […]
By: Tyler Hampy To begin, what is unfair competition? Although the courts have had little success in defining unfair competition in the abstract, Black’s Law Dictionary defines unfair competition as dishonest or fraudulent rivalry in trade and commerce, specifically, the practice of endeavoring to pass off one’s own goods or products in the market […]
You started your company four years ago and everything is going well when all of a sudden you are handed a cease and desist letter. The letter informs you that you are using another company’s trademark – their company name. What are you to do? With the world increasingly getting smaller thanks to the internet, […]
What is a company trademark? “A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others.” – defined by dictionary.com. There are many different types of distinctive marks […]
Traditionally, trade dress was limited to the overall appearance of labels, wrappers, and containers used in packaging a product. However, over a period of years, the traditional definition expanded beyond packages and containers to include the total look of a product. Today, the total look includes the packaging, as well as the design, shape, size, […]
By: Tyler Hampy Say that you really want to use a phrase or logo that you know is trademarked. Is there a way you can use the mark without getting yourself into trouble? The answer is yes! You need a trademark license. A trademark license is a permit to use another’s mark. It gives you […]
Over the past summer Google+ has made a big deal about allowing select members to use vanity URLs. Google stated, “At first, we’re introducing custom URLs to a limited number of verified profiles and pages. But over time we plan to offer custom URLs to many more brands and individuals, so please stay tuned!” Ok, […]
