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Intellectual Property Law

: Trademark Blog

Nothing Older Than Yesterday's Obituaries

By Marty Schwimmer

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Prof Goldman: Newspaper Obituaries Aren't Hot News:

The Scranton Times is suing the Wilkes-Barre newspaper for republishing obituary notices in its Scranton edition that were initially published in the Scranton Times. But the Scranton Times has a problem--funeral homes typically write and submit the obituary notices, so the Scranton Times has no copyright interest in the notices
. . .

The most interesting discussion relates to the hot news misappropriation doctrine . . . Here, the court says that the obituary notices fail to qualify as hot news, and therefore the misappropriation claim is preempted by copyright law.

Full post as published by Trademark Blog on March 18, 2009 (boomark / email).

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