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Avoiding Warhol: How Celebrity Tattoo Artist Kat Von D Turned Defeat Into Victory in the Central District of California

When celebrity tattoo artist Katherine Von Drachenberg (better known as Kat Von D) tattooed a portrait of Miles Davis on her friend Blake Farmer’s arm as a gift, she used a reference photo created by professional photographer...more

SCOTUS to Decide 17 U.S.C. § 411 Referral Questions

In 2016, Unicolors, Inc., sued H&M for selling clothing that infringed a Unicolor design. The group registration that Unicolors relied on included designs that had not been published as of the publication date set forth on...more

Important New Trademark and Copyright Laws Appear in Stimulus Package

In a year too often filled with unforeseen developments of every kind, a final surprise for many who were not paying close attention has emerged from December’s marathon stimulus and budget negotiations. This week, Congress...more

2020 Brings (Some) Clarity to Trademark Profit Awards

Nearly a year ago, we previewed the U.S. Supreme Court’s then-upcoming decision in Romag Fasteners, Inc. v. Fossil Group, Inc.—a case set to provide some much needed clarity on the question of whether plaintiffs in trademark...more

Supreme Court Decides Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc.

On May 14, 2020, the Supreme Court of the United States decided Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc., No. 18-1086, holding that a party is not precluded from raising defenses submitted in earlier...more

Supreme Court Decides Star Athletica, L.L.C. v. Varsity Brands, Inc.

On March 22, 2017, the Supreme Court of the United States decided Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866, holding that artistic designs on cheerleading uniforms were eligible for copyright...more

Supreme Court Decides Hana Financial, Inc. v. Hana Bank

On January 21, 2015, the U.S. Supreme Court decided Hana Financial, Inc. v. Hana Bank, No. 13-1211, holding that whether two trademarks are “legal equivalents” creating a single, continuing commercial impression and may be...more

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