Blood, Sweat, and Tears: Intellectual Property Rights for your Hard-Earned Cosplay?

If you have been to a comic convention, you might have at one point passed by five different Darth Vaders marching around.

You might have seen Ms. Frizzle, who is still the coolest magic schoolteacher.

Or, you might have seen two Marios planning the perfect photoshoot.

Whatever the case may be, you are surrounded by hundreds of people dressed up as their favorite characters. All these outfits are examples of cosplay, or the creative practice of dressing up as a specific character (typically fictional).

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Meta’s Strategic Edge: Navigating Patent Claim Boundaries

Patents are not simply legal rights. Rather, they are strategic assets that protect innovation and shape competitive landscapes. Meta, most prominently known for its vast social network “Facebook,” boasts an extensive and diverse patent portfolio that spans various technologies. This diversity not only showcases Meta’s technological ambition but also its foresight in securing a place in emerging markets, like AI, virtual reality, and augmented reality. Its broad portfolio embodies Meta’s strategy to not just lead in social networking, but to be a dominant player across the tech spectrum. Let’s delve into how Meta’s strategic patenting plays a pivotal role in its multi-market success. Before we investigate what makes Meta’s patent structuring so effective, let’s review what patents are and why they’re important.
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In the Wake of Warhol

Andy Warhol Foundation for the Visual Arts Inc v. Goldsmith was a landmark case in 2022. At its core, the case begged the question: how can one borrow another’s expression without being liable for copying their work? The conclusion of two recent cases using the Supreme Court’s rationale from Warhol shows its impact on copyright law.

Before diving into the analysis of just how much the Warhol opinion affected these outcomes, it is essential to first outline the basic matters of the case and define relevant elements of copyright law.

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