Intellectual Property Blog

Do Twitter Algorithms Create Unauthorized Derivative Works? Ask Genevieve Morton

Supermodel Genevieve Morton has engaged in another tussle with Twitter over unauthorized posting of her images. This comes on the tails of a suit from 2020. This time, the culprit is Magic Pony Technology, a third-party photo algorithm company acquired by Twitter. One part of their algorithm focuses on “saliency” – i.e., certain photos on Twitter might be selected for cropping, enhancement, or alteration. If other users post these photos without permission, Morton argues that […]

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Understanding Likelihood of Confusion in Trademarks: “Who Would Be Confused?”

The phrase “likelihood of confusion” is commonly used by examining attorneys at the USPTO to refuse a trademark application. It is also a phrase I often use when advising clients who are in the process of selecting a trademark for their new business or product line.   Here is a common example of what I encounter. Client starts a new business. They don’t register any of the trademarks for their business.   Another company (we will call […]

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Fair Use: Copyright Issues at the Heart of “Bad Art Friend”

If you follow national literary circles – or Twitter –  you may have heard of the back-and-forth between writers Dawn Dorland and Sonya Larson. Dorland wrote a personal message on Facebook; Larson incorporated it as a letter into a short story, The Kindest.  We will not go into all the conflict’s details, which were summarily revealed in Robert Kolker’s New York Times article, “Who Is the Bad Art Friend?”. Dorland pushed against Larson’s use of […]

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The Overlap Between Copyrights and Trademarks

Is your trademark a work of art? Original and independently created? Your trademarks may be eligible for copyright registration in addition to trademark registration. Why would you obtain both copyright and trademark registrations? Broader protection. A work of art is copyright-protected from the moment it becomes a tangible form – if it is original, independently created by the author, and possesses sufficient creative authorship.  Copyright protection lasts for the life of the author plus 70 […]

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Marks Gray Recognized By U.S. News – Best Lawyers® “Best Law Firms” 2022 Publication

Marks Gray is proud to announce that the firm has once again been named to U.S. News – Best Lawyers® “Best Law Firms,” for the 2022 edition. For more than a decade, Best Law Firms has recognized law firms across the US and throughout the world for their work in 75 different practice areas. In order to be eligible, at least one attorney from the firm must have been recognized by Best Lawyers. Inclusion one year does not […]

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Tiny Houses, Big Infringement

This post serves as a two-way warning, to photographers online and to online publications that use copyrighted photos. Tiny House Listings LLC, a company whose founder is based in Wilmington, NC, faces a copyright infringement complaint for use of a Texas photographer’s images without permission on the Tiny House Listings website. The photographer, Alexander Bayonne Stross, has taken the steps to mark his intellectual property assets. He displays his work on his website with clear […]

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