Etsy, I See Copyright Infringement
Copyright infringement is a hot topic on Etsy and in the media. As we see in the You be the Judge series, there are always at least two side to any infringement story. Many artists, lawyers and even judges may disagree as to what constitutes copyright infringement and alternatively what should be deemed …
You Be the Judge: Sweet Trademarks
Most of us may associate the word “trademark” with certain products (like the logo on a sneaker, the design on can of cola, or a symbol handbag) and these trademarks help identify the creator of the product. In this “You Be the Judge,” we investigate the trademark of a delicious sugary cupcake decoration. …
You be the Judge: a "TM" on a "W"
When thinking about trademarks, you may think of a word, name, or symbol to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. You may have visions of the Apple logo, or Louis Vuitton's monogram trademark, but …
You be the Judge: Vuitton and Darfur
This article was originally published on May 6, 2008. We are reviving it as part of the Best of the Storque series. Enjoy! I’ll admit it: as Etsy's in-house attorney, I love reading legal disputes and thinking about what important issues each side should stress. I especially like to analyze pending copyright …
You be the Judge: Judging Pretty Woman
Sometimes in order to play judge and fully investigate a situation, I have to acquire evidence. And so, many times when I read an intellectual property dispute regarding a musical work, I purchase and listen to the music at issue. Yes, truth be told, I have an “infringement” section on my MP3 player …
You be the Judge: The Orphan Works Act
In our regular series You be the Judge, we ask our readers to weigh in on copyright and infringement cases. In this case, we want you to role play a Congressperson!There has been a lot of talk in the arts community concerning a potential copyright law reform titled “The Shawn Bentley Orphan Works Act of 2008 …
You be the Judge: Garfield Minus Garfield Minus Lawsuit
As a well-seasoned judge of intellectual property infringement, you’ve judged cases regarding apple logos, a Danish design, chocolate ads, and a final resting place. For today's case docket, it's time to decide the fate of a missing feline. Garfield is a daily-syndicated comic strip created by Jim Davis. The …
Legal Info for Artists: Electronic Copyright Registration Now Available
Dear Sellers,I am happy to report that the U.S. Copyright Office is now accepting electronic filing of copyright registrations. Previously, I reported that the Copyright Office was conducting a beta test of this system. Advantages of Electronic Copyright Office (eCO) system include:• Lower filing fee of …
You be the Judge: Copycat Caskets
In previous “You be the Judge” articles, Etsians offered opinions regarding the image of an apple, Vuitton and Darfur, and Naked M&Ms. This time, I invite our community to examine a pending case concerning a product not typically associated with the word “knockoff.” When walking through certain …
