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The Eastern District of Michigan is host to the latest in a series of lawsuits brought all across the country involving an intellectual property dispute between a high-profile brand owner and street artists whose work is featured without compensation in an advertisement campaign by that brand owner. See, e.g., Mercedes Benz USA LLC v. Bombardier, Docket No. 2:19-cv-10951 (E.D. Mich. Mar 29, 2019); Mercedes Benz USA LLC v. Soto et al, Docket No. 2:19-cv-10949 (E.D. Mich. Mar 29, 2019); Mercedes Benz USA LLC v. Lewis, Docket No. 2:19-cv-10948 (E.D. Mich. Mar 29, 2019). On March 29, 2019, Mercedes Benz (Mercedes) brought three declaratory judgment actions against the artists Daniel Bombardier, Maxx Gramajo, James “Dabls” Lewis, and Jeff Soto. In each action, Mercedes is seeking a declaration of non-infringement, fair use, exemption under the Architectural Works Copyright Protection Act (AWCPA), and the Digital Millennium Copyright Act (DMCA) for its use of the artists’ work. In turn, Defendants filed a motion to dismiss and a further response on May 15, 2019.
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Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
By Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
By Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
“Holy Fair Use, Batman”: Copyright, Fair Use and the Dark Knight
By David G. Kim and Michael K. Friedland
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We’ll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Intellectual Property In Legal Tech: Lessons from Recent Cases
By Brian Mack, Kevin Keller and Olga V. Mack
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
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