Fair Use!

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The court held that the use of the logo wasn’t really commercial (because no one bought a ticket to a game to see the logo), the use was “transformative” (because the logo serves a new, historical or documentary purpose) and the Ravens had no choice but to use the whole logo (you can’t use half a logo). The court was nevertheless willing to consider market displacement, which puzzles me.

Next time, we’ll take a look at another use of the old logo, this time in a “throwback” computer football game.

Thanks for reading!

Rick Sanders

Rick is the litigation half of Aaron & Sanders, PLLC; and, from 2012 to 2014, an adjunct professor at Vanderbilt University Law School, where he was teaching Copyright Law. Vandy also happens to be where he got his law degree in 2000. After graduation, he practiced at a major intellectual-property law firm in Silicon Valley for a few years. He returned to Nashville in 2004, where he worked for a large Nashville firm, practicing as much intellectual-property law as he could, but also a lot of commercial law. He left that firm in 2011 to start Aaron & Sanders with Tara Aaron, so he could practice intellectual-property law full time and work with start-ups and other non-institutional clients.