DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Sarah Palin

The Fair Use Defense to Nowhere

Posted in Fair Use

Last Wednesday I wrote about the parody fair use defense to trademark infringement in connection with the Facebook v. Lamebook lawsuits.  Since then another party has asserted the fair use defense, this time in regards to copyright infringement. Last week the on-line news source, Gawker, published images of more than 20 pages of Sarah Palin’s… Continue Reading

Name That (Zombie) Brand

Posted in Guest Bloggers

Losing a trademark challenge is bad news, right? It’s costly, it’s embarrassing, and it can damage a brand’s reputation. And yet in one well-known instance, losing a trademark challenge didn’t hurt a brand at all. In fact, it ensured the brand’s immortality. The product name I’m thinking of existed for just three years in the… Continue Reading