2012

Who do you think puts out the shoe shown here?

Do you think the shoe is put out by that company alone or in association with someone else? If so, who would that be?

Do you think that the company that puts out this shoe got permission for some other company? If so, who would

A group of prestigious publishers (Oxford University Press, Cambridge University Press and Sage Publications) brought a copyright infringement suit against Georgia State University, claiming that the University’s “e-reserve policy” under which students had access to electronic version of course works, exceeded the bounds of fair use, alleging ninety nine separate instances of infringement.

After a

Hypothetical: Two days ago, Apple files an ITU application for iEXAMPLE for widgets. Yesterday Apple holds a conference and announces the new product. It is met with acclaim and every media outlet in the world covers the news. By the end of the day, iEXAMPLE is a household word. Distributors cannot yet place orders for

The Bloomberg news service copied a transcript of a conference call between Swatch and stock analysts. Swatch claimed copyright. Held: fair use (relying heavily on (1) news reporting purpose; (2) thin copyright; and (3) no discernable effect on the ‘market’ for the work. Background here.

decision swatch bloomberg fair use
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43(B)log: FTC ALJ rules many Pom ads misleading, unsubstantiated:

Though I don’t think the opinion explicitly says so in so many words, it implicitly acknowledges what I think any honest observer of the general consumer market would have to: ordinary consumers are unlikely to regularly distinguish between a “supports health” claim and a “prevents disease”