As digital technology and the online environment transform the distribution and use of intellectual property, our Copyright & Trademark group is on the front lines in protecting and enforcing our clients’ most important creative assets. Our trial-tested team represents a wide range of clients, from entrepreneurs to major corporations, from playwrights to media giants, and from individual songwriters to the country’s largest performing rights organizations.
Third Circuit Announces New Test to Analyze Certain Fair Uses
November 17, 2005 Full PDF
Lew Clayton's "Intellectual Property Litigation" column appeared in the November 17 New York Law Journal. The column discusses a new test announced by the U.S. Court of Appeals for the Third Circuit to analyze certain "fair use" trademark cases. This test considers "nominative fair use," where plaintiff's trademark is used to describe some characteristic of a defendant's product. The column also examines recent developments in patent, trademark and copyright law. Associate Susanna Buergel assisted with the preparation of this article.