Kia Soul Hamsters are Funny and Transformative

Last week I addressed fair use as an exception to copyright infringement.  Among the situations that gave rise to fair use were those deemed transformative.  What is a transformative work?  As the copyright statute suggests, it is an important consideration that the work neither diminish the value nor damage the market for the original or its … More Kia Soul Hamsters are Funny and Transformative

What Use Is a Fair Use

Copyright Law sets forth an exception to infringement for fair use.  But what is a fair use is often confusing.  Circumstances often dictate the extent to which this exception is applied.  The statute provides express limitation on the exclusive rights granted…. for the fair use of a copyrighted work, including such use by reproduction in copies … More What Use Is a Fair Use

Starbucks Charred Again

For those of you who enjoy a fun case, the saga of Starbucks v. Wolfe’s Borough Coffee “WBC” is for you. During the course of this epic ten year battle pitting the famous international coffee purveyor against the small New England roaster, the law of trademark dilution has been analyzed, argued and then revised by … More Starbucks Charred Again

Copyrighted Legal Pleadings?

Apparently not according to the Court of Appeals 2nd Circuit.  In the case of Unclaimed Property Recovery Service et al v. Kaplan, former Plaintiffs in a Class Action lawsuit who had registered the Complaint and supporting documentation with the Copyright Register, sued their former lawyer for copyright infringement upon his use of the pleadings in filing … More Copyrighted Legal Pleadings?

S“Tit”ch for Tat Trademark War Pits Levi vs. A&F

The two iconic brands faced off recently in the Court of Appeals Federal Circuit over stitching. The appeal resulted from the Trademark Trial and Appeals Board “TTAB’s” decision to throw out Levi’s Opposition and Cancellation Proceedings against Abercrombie & Fitch “A&F” based upon “been there, done that” litigation at the District Court for the Northern … More S“Tit”ch for Tat Trademark War Pits Levi vs. A&F