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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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Ninth Circuit Confirms Embedding Remains Fair Use
Every second of every day, social media and internet users repost or link to copyrighted content from other websites, or other posts. It may seem strange to even think about whether such use might be found to be other than fair. But viewed from the...
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Why the Law Encourages Copycats (And What You Can Do about It)
I recently read an article saying that Thomas Blug, the founder of guitar amplifier maker BluGuitar, accused Blackstar Amplification of “stealing” Blug’s amplifier design. In short, Mr. Blug noted that his product was named the BluGuitar Amp1, while...
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“Wavy Baby” Case Tests Definition of an Expressive Work
Is the Wavy Baby a sneaker or a comment on “sneaker culture”? A commercial product or a collectible artwork? This is the most recent variation on a question that has had growing urgency in trademark law over the past decade: What is an expressive w...
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Priority “UNTAMED”: Enforceable Priority in Madrid-Registered Mark Does Not Require Use of Mark Before Infringement Commences, Says Ninth Circuit
The general rule under U.S. trademark law is that the first to use a trademark in U.S. commerce has priority in the mark over other "would-be" users of the same, or confusingly similar, mark. This applies in both common law and as to rights...
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THC-Infused Candies are All Tricks, No Treats, Says Candy Maker
Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats. The suits, filed in Ca...
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Animated IP: A Series of Answers to Your Questions from Rose City Comic Con
In this upcoming series of posts, Animated IP, team members will answer your questions from their panel at the 2019 Rose City Comic Con. This is the first post in the series. --- Question 1: I am drawing my uncle’s memoir with the goal of getting it...
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