The Briefing Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis (Podcast)
The Briefing Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
The “Wild West” of AI Use In Campaigns
Podcast - The Briefing: Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection
Podcast: The Briefing - Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
The Briefing: Is Warhol Bad for Documentarians?
Podcast: The Briefing - Is Warhol Bad for Documentarians?
Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith
The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
5 Key Takeaways | IP: Beyond the Basics
The Briefing by the IP Law Blog: Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Podcast: The Briefing by the IP Law Blog - Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Podcast: The Briefing by the IP Law Blog - Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
The Briefing by the IP Law Blog: Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
Podcast - The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
The Briefing by the IP Law Blog: What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
Podcast: The Briefing by the IP Law Blog - What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists...more
The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more
Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more
Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more
Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those)....more
The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use...more
If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more
While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely...more
Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more
In recent years, the forms of trademark infringement have become more and more diverse. The Trademark Law, the Regulations for the Implementation of the Trademark Law and judicial interpretations have clearly stipulated that...more
If you know me well, you know that I am an admitted Disney fanatic. So, you can imagine my initial horror when I heard media rumblings that Disney was losing its copyright to my favorite mouse, Mickey. Upon further...more
Company H claimed that the “S” branded engines used in the motorboats it produced came from a lawful source and were used in a proper procedure, and that it had the right to make derivative use of the purchased engines, and...more
Mickey Mouse is one of the most prolific cartoon characters of all time. Walt Disney incorporated in 1923 and first aired a video of Mickey Mouse (which I shall refer to as Mickey Mouse 1.0) in the short cartoon "Steamboat...more
As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more
A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 million in damages for copying Bored Ape’s Non-Fungible Token (NFT) art. Plaintiff Yuga Labs, Inc. is the creator of one...more
Fiction writing has a curious claim on truth. We learn this at the youngest age, listening to fairy tales when the child in us “intuitively comprehends that, although these stories are unreal, they are not untrue …” ...more
Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more
In the United States, the first amendment and the laws that follow provides robust protections to parodies. This was something Mattel, the toymakers behind Barbie, learned firsthand in Mattel, Inc. v. MCA Records,296 F.3d 894...more
The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more
On June 8, 2023, brand owners breathed a sigh of relief with the Supreme Court’s unanimous ruling consistent with prior jurisprudence that potential infringers of a famous trademark are not precluded from liability by merely...more
The Supreme Court issued a unanimous decision on June 8 in Jack Daniel's Properties v. VIP Products LLC, __ US __ (2023), a victory for Jack Daniel's in a battle over whether a dog toy infringed and diluted Jack Daniel's...more
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words...more
On June 8, 2023, the United States Supreme Court published its long-awaited decision in Jack Daniel’s Properties Inc. v. VIP Products LLC—a trademark dispute between whiskey maker Jack Daniel’s and VIP Products, the...more
In a major Web3 trademark infringement case, NFT creators prevail over those with a bad-faith intent to profit. On April 21, 2023, Yuga Labs, the original creators of the Board Ape Yacht Club (BAYC) non-fungible token...more
If a picture is worth a thousand words, that makes a meme worth about 50 tweets. It’s therefore no surprise that so many companies are interested in leveraging memes in marketing. But as with all advertising, certain rules...more