The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid...more
In JBrick, LLC v. Chazak Kinder, Inc. et al, 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the...more
On August 18, 2023, in Thaler v. Perlmutter, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia granted the U.S. Copyright Office's motion for summary judgment, affirming the Copyright Office's...more
4. The degree of originality influences copyright protection of device trademark - The device elements in a trademark can be divided into decorative device, device as the background of words, prominent device, pure device...more
It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more
The US Court of Appeals for the Sixth Circuit affirmed a jury verdict in favor of a copyright owner in a lawsuit alleging infringement of the copyright in a home-services training manual, finding that the jury was correctly...more
In February of 2018, the U.S. District Court for the Central District of California dismissed copyright infringement claims against Taylor Swift brought by a pair of songwriters. The songwriters’ allegations were that...more
Suppose that you have expressed your work into a tangible form such as a short expression of words and artistic designs. Although your copyright exists upon the moment of creation, does the work contain a sufficient amount...more
In March, the 9th Circuit Court of Appeals rejected a copyright lawsuit that alleged Pixar’s 2015 film “Inside Out” was based on Denise Daniels, a child development expert, who had pitched her idea to Walt Disney Co... ...more
The fashion industry, and designers more generally, has received some welcome clarification of when clothing may attract protection under copyright law....more
The Ninth Circuit recently reversed the dismissal of copyright infringement claims in Hall v. Taylor Swift finding a lack of sufficient facts or evidence of record to justify a summary conclusion of lack of originality for...more
Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more
Live broadcasts of football games failed to reach the fixation and originality requirements for copyright protection, held by the Beijing IP Court in its recent judgment...more
On December 4, 2017 Galatea Jewelry (“Galatea” or “Plaintiff”) filed a copyright infringement suit in the District Court for the Central District of California against the well-known crystal jewelry producer and retailer...more
Abstract - This Note argues that, although “flash art” and other drawings upon which a tattoo may be based are likely copyrightable subject matter under the Copyright Act of 1976 (Copyright Act), the policy implications...more
On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more
Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the...more
As a fan of modern art, I am looking forward to the dinner reception at next week’s Annual Meeting of the Intellectual Property Owners Association (IPO), which will be held at New York’s Museum of Modern Art. As a member of...more
Labor Day is the wrong time to think about copyright law, especially in 2016, because this year marks the twenty fifth anniversary of the Supreme Court’s decision in Feist Publications v. Rural Telephone Service, 499 U.S. 340...more
France is often presented as a country which is quite protective of IP owners, especially in the field of trademarks and copyright.? However, a recent decision rendered by the Paris District Court in relation to a portrait of...more
Ownership of a copyright in one of the most popular songs in the English language has recently been challenged in several lawsuits around the country. At the heart of the dispute is whether the music publisher Warner...more
In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more
1. What is a copyright? Copyright protection exists in any original “expression” of an idea that is fixed in any physical medium, such as paper, digital media, or film. Copyrights cover such diverse things as art,...more