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 an intellectual-property litigator. He handles lawsuits, arbitrations, emergency injunctions and temporary restraining orders, opposition and cancellation proceedings, uniform dispute resolution proceedings (UDRPs), pre-litigation counseling, litigation avoidance, and other disputes, relating to copyrights, trademarks, trade secrets, domain names, technology and intellectual-property licenses, and various privacy rights. He has taught Copyright Law at Vanderbilt University Law School. He co-founded Aaron | Sanders with Tara Aaron-Stelluto in 2011.