Lawyers tend to overlook the simple truth about the four elements “fair use doctrine” under 17 U.S.C. § 107 stretching arguments far beyond common sense. A recent case clearly sets out the commonsense aspect of “fair use”. In MCGUCKEN V. PUB OCEAN LTD. plaintiff’s slightly cropped photographs of a lake were posted without seeking or
Deadline to file copyright registration does not run if only published on a foreign website (Moberg v. 33T, LLC 666 F. Supp.2d 415)
I had a case where the issue was if the work had been previously published invalidating the US copyright. This case will be very useful for showing no publication occurred if the work was only posted on a foreign website. In Moberg v 33T LLC (D Del 2009) 666 F Supp 2d 415, the district
The Decline of Civilization (We are Fuct’d!) –Iancu v. Brunetti (June 24, 2019)
The U.S. Supreme Court just FUCT’d the Lanham Act. The Lanham Act (15 U.S.C. § 1052(a)) prohibits the registration of “immoral[] or scandalous” trademarks. Respondent founded a clothing line that uses the trademark FUCT. The U.S. Patent and Trademark office decided the trademark was prohibited under the Lanham Act. The U.S. Supreme Court held that