Publications

Fair Use for the Rich and Fabulous?

Author(s): 
Tim Greene
Publication Date: 
July 30, 2013
Publication Type: 
Academic Writing

In two recent decisions concerning copyright’s fair use doctrine, the Second Circuit addressed the lawfulness of incorporating one creative work into a new one. In both Cariou v Prince and Salinger v Colting, US District Judge Deborah Batts enjoined similar activity using nearly identical reasoning. But on appeal, the Second Circuit found fair use in the former and likely infringement in the latter. Read more » about Fair Use for the Rich and Fabulous?

Understanding Trademark Strength

Author(s): 
Tim Greene
Publication Date: 
July 7, 2013
Publication Type: 
Academic Writing

Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tendency to signify to consumers a consistent source of the products to which the mark is affixed; and (2) ability to influence a consumer’s purchasing decisions. The stronger the mark, the more uses the mark’s owner may exclude from the marketplace through a trademark infringement or dilution action. Read more » about Understanding Trademark Strength

Obscurity by Design

Author(s): 
Woodrow Hartzog
Publication Date: 
June 24, 2013
Publication Type: 
Academic Writing

Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have left the full potential of design untapped. With respect to online communication technologies, design-based solutions for privacy remain incomplete because they have yet to successfully address the trickiest aspect of the Internet — social interaction. This Article posits that privacy-protection strategies such as “Privacy by Design” face unique challenges with regard to social software and social technology due to their interactional nature. Read more » about Obscurity by Design

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