Showing posts with label fair use defenses. Show all posts
Showing posts with label fair use defenses. Show all posts

Monday, June 12, 2017

A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate; BoingBoing, June 12, 2017

Cory Doctorow, BoingBoing; A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate

"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.

The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.

The estate has two weeks to prove copyright damages and to amend its trademark claims."