Michael J. Smith

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"A Beach Boy, A Playmate And Five Guys From Boston Walk Into A Courtroom..." - Nominative Fair Use Of Trademarks

Sunday, February 1, 2004

What do a former Beach Boy, a former Playboy Playmate and the members of New Kids on the Block all have in common? Each has been a party to a suit for trademark infringement where the defense of fair use was asserted. This article will explore the concept of nominative fair use of trademarks, examine how it differs from classic fair use of trademarks and...
"What Do You Mean I Don't Own It? I Paid For It!"Ownership Of Works Protected By U.S. Copyright Law

Thursday, January 1, 2004

Does this story sound familiar? Faced with a tight timeline, a marketing manager forgoes contacting the legal department and hires a graphic designer to create a new logo for the company's flagship brand. The graphic designer is told the new logo is intended to be used as part of a major tradeshow presentation and a new national advertising campaign. If the...