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Archive for the ‘4th Circuit Decisions’ Category

Trademark Infringement or First Amendment Right of Freedom of Speech?

By Yunnan Jiang – Edited by Paulius Jurcys

On October 11, the Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union of Virginia, Inc. (“ACLU”) filed a joint brief in the U.S. Court Of Appeals, urging  that “trademark laws should not be used to impinge the First Amendment rights of critics and commentators”. The brief argues that the use of the names of organizations to comment, critique, and parody, is constitutionally protected by the speaker’s First Amendment right of freedom of expression.


Posted On Oct - 20 - 2014 Comments Off READ FULL POST
Fourth Circuit Holds Google’s Keyword Advertising May Infringe Trademark By Michael Hoven – Edited by Abby Lauer Rosetta Stone Ltd. v. Google, Inc., No. 10-2007 (4th Cir. Apr. 9, 2012) Slip opinion The Fourth Circuit affirmed in part, vacated in part, and remanded to the Eastern District of Virginia, which had granted Google summary judgment in holding that Google was not liable on all trademark infringement and trademark dilution claims brought by plaintiff Rosetta Stone in 2009. The Fourth Circuit ... Read More...
Posted On Apr - 16 - 2012 Comments Off READ FULL POST
To Students’ Dismay, Plagiarism Detection Website Protected by “Fair Use” By Sharona Hakimi – Edited by Stephanie Weiner A.V. v. iParadigms, L.L.C., April 16, 2009, No. 08-1424 Opinion On April 16, the US Court of Appeals for the Fourth Circuit affirmed a summary judgment ruling by the US District Court for the Eastern District of Virginia, holding that archiving of student works by commercial plagiarism detection website TurnItIn.com is a “fair use” under the Copyright Act, and therefore does not ... Read More...
Posted On Apr - 25 - 2009 1 Comment READ FULL POST
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