Michael J. Smith

Akin Gump Strauss Hauer & Feld LLP

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Recently by Michael J. Smith

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

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,...

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"What Do You Mean I Don't Own It? I Paid For It!"Ownership Of Works Protected By U.S. Copyright Law

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...

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