Tag Archive: Fair Use

Elly May is the role played over two hundred and sixty-four times by Donna Douglas in 1960’s series, The Beverly Hillbillies; and, Douglas has sued Mattel in Louisiana for making the “Elly May” doll in the Barbie Doll line. While Mattel claims to have obtained all necessary licenses to make the product under necessary channels, …

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Gaylord v. United States, (Fed. Cir. 4/22/11) A 37 cent stamp is at the heart of this copyright dispute that has been percolating through the courts like coffee in an old stovetop pot. It began in the Court of Claims; went up to the Court of Appeals for the Federal Circuit (CAFC); was remanded and …

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RightHaven, LCC, v. Center for Intercultural Organizing, 2:10-CV-1322 JCM (LRL) (DC Nev., 2011) The word ‘blog’ began as a typo, and now it’s a genre all on its own. And with the emergence of a new genre comes a category of case law that arises specifically from that genre. April 22, 2011, RightHaven failed in …

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Kenneth M. Stern v. Does, et al., C.D.Ca., No. CV 09-01986 DMG (April, 2011) A single sentence sent to a list serve formed the basis of the copyright infringement action in this case. Specifically, an attorney sent a single sentence seeking information regarding a certified public accounting firm which he suspected had over-billed his client. …

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Leslie Nielsen died last week at 84. He has been for thirty (30) years the single most reliable bellwether of a derivative work being found to be a fair use of the underlying work. When clients really wanted to go the extra mile to ensure that their use would be found to be ‘fair use’, …

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Forest River, Inc. v. Heartland Recreational, USDC Northern Indiana 3:10-CV-11-TS Competitors in the travel trailer industry, Forest sued after Heartland copied the Forest floor-plan and did two separate things with the plans. First, Heartland used the Forest floor-plans to create Heartland travel trailers allegedly in violation of the Architectural Works Copyright Protection Act (AWCPA); and …

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Fairey et al v. The Associated Press, Case No. 1:09-cv-01123-AKH (S.D.N.Y, filed 02/09/2009) A follow up to this blog post. As predicted, copyright ownership in the underlying photograph is turning out to be a point of contention in the federal lawsuit. To refresh the reader’s recollection, Fairey, filed for declaratory relief on the basis of …

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In a long and hard fought battle, the Second Circuit Court of Appeals has given renowned fashion designer, Joseph Abboud, a chance to reclaim his name. Issuing a sweeping injunction in June 2008, a Southern District of New York court enjoined Abboud from using his name to sell, market or promote his own business, goods …

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