I spend a lot of time on this blog getting into the nitty-gritty of intellectual property, but it’s important from time to time to take a step back and review the basics of the subject (and, of course, provide an introduction to those who are new to the subject.) Last week, I had the opportunity to teach a class at UC San Diego’s Rady School of Management. The class is “Innovation to Market,” and my lecture was an overview of Intellectual Property for Businesses. It was a lot of fun, and now it’s time to take it out of the…
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Archives: Business Law
Copyright Fair Use: Fifty Shades of Grey
February 17, 2015
The origin of the book, movie, and general cultural phenomenon that is Fifty Shades of Grey is an interesting case study about copyright fair use in the world of online content creation. Let’s skip all the innuendo and get down to the good stuff – when is it OK to publish your own takeoff of an existing media property?
Copyright Question: Can I Play Music on my Podcast?
January 27, 2015
After percolating for a decade or so, podcasts have grown wildly in popularity as a communication medium. This is a result of a confluence of factors, not the least of which is the emergence of a certain story about a murder in Baltimore. We are now living in a post-Serial world. And just like with any other form of media, there’s some confusion and lack of information about the rules of the road. All of which brings me to the copyright question at hand: can I play pre-recorded music on my podcast?
Re/Max Trademark Conflicts with Dutch Flag?
January 20, 2015
A few years ago, Re/Max, the real estate brokerage company, sued a competitor in the real estate market. The conflict focused on the alleged similarity of M.L. Jones & Associates’ yard signs and Re/Max’s famous red, white, and blue logo. Re/Max has been using the logo in at least one format since 1974, and has several longstanding US trademark registrations. Assuming the marks are similar, this is an open-and-shut case for Re/Max, right? A U.S. District Court judge in North Carolina came to a different, possibly logical but certainly vexillogical, conclusion.
