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McBrayer Blogs

Showing 2 posts tagged Twitter.

“X” Marks the Spot Where Twitter Once Stood – A Lesson in Trademark Searching and Rebranding

In early August, the nearly half a billion users of Twitter looked at their phones and found something perplexing—the instantly-recognizable blue icon with the white silhouette of a bird had vanished, and in its place a black square with a white “X” had appeared. CEO Elon Musk had decided to rebrand Twitter as “X”—but did he think through all the trademark ramifications of this choice before implementing it? More >

Court in Copyright Case: Don’t Embed That Tweet!

“When the Copyright Act was amended in 1976, the words “tweet,” “viral,” and “embed” invoked thoughts of a bird, a disease, and a reporter.” So begins the opinion of the United States District Court for the Southern District of New York in the case of Justin Goldman v. Breitbart News Network, et al, and it conveniently illustrates just how difficult it is to adapt copyright law to swiftly-changing technology.  The Goldman case, decided on February 15, 2018, is a prime example of how courts are grappling with this divide. The court scrapped an approach long-held in other courts about how copyright applies to photos shared on the internet in favor of a new rule that arguably provides more protection to copyright holders. More >

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