Sports and Entertainment Conference Panel 4: Copyrights and Trademarks

Fair use is one of the trickiest and most litigated issues facing copyright and trademark practitioners, particularly in connection with movies, television, and games. When clearing titles and content, one must increasingly consider whether and to what extent one can use or reference another’s brand or creative works.  Join Cooley attorneys Bobby Ghajar and Marcus Peterson for a discussion of the issue with a summary of the current state of copyright fair use law including a discussion of the recent Supreme Court Oracle v. Google decision and the 2^nd Circuit Warhol decision that limited the prior Cariou case dealing with use of another’s copyrighted photographs.  We will also discuss both “classic” and “nominative” trademark fair use, and test your understanding with a quick game of fact or fiction based on some (at times, surprising) real-world examples.