I recently co-authored a short article earlier this month for the International Trademark Association Bulletin. In it, we discuss the recent cross-border data transfer issues wrought upon the EU and the US since the Schrems II decision last year and its aftermath. In...
ANSWER: YES, FAIR USE! Sigh. Read the opinion here. To see the problem again, you can find it here. You can find the offending brochure here. The court’s analysis isn’t easy to follow, but here it is, along with my comments: Factor 1: Purpose and Character of the Use:...
Is it fair use? Answer: ¯\_(ツ)_/¯ (but I’ll accept “yes”) If you got here without reading the problem, you can find the problem here. The court’s opinion may be found here. It was kind of a trick question, but I’ll give you credit if you said “yes.” The issue of...
Answer: YES, FAIR USE! Ha! This was an easy one, wasn’t it? Read the opinion here. (If you got here without reading the problem first, click here and ignore the giant letters above.) It’s obviously not fair use. I mean, it’s not very transformative, the photograph is...
ANSWER: YES, FAIR USE! I know, right? Here’s the opinion. The webpages in question are here and here. Note that neither photograph is currently being used.1Note also that (a) the website has a very broad definition of “A-List Celebrity” and (b) it was very...
Answer: NOT (necessarily) FAIR USE! Read the opinion, TCA Television Corp. v. McCollum, here. If you’ve found this answer without reading the question, here’s the question. I kind of deked you, didn’t I? Sorry. But given the trend of the caselaw out of the...
