Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires...more
For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the...more
On December 5, 2023, the Second Circuit Court of Appeals issued a precedent-setting decision in favor of the prominent skateboarding footwear and apparel brand, Vans.
The decision centered on the satirical art collective...more
As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more
1/18/2024
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Copyright ,
Copyright Infringement ,
Copyright Litigation ,
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Trademarks
In Hanagami v. Epic Games, the Ninth Circuit recently reversed the dismissal of a well-known celebrity choreographer’s claim that animated dances in Fortnite, a popular battle-royale style video game, infringed his copyright....more
A recent Second Circuit case has brought the debate surrounding contentious art and intellectual property rights to the forefront. The US Court of Appeals for the Second Circuit ruled that Vermont Law School's decision to...more
The Digital Millennium Copyright Act (the DMCA) governs the protection of copyrighted material in the digital environment. Among other things, the DMCA criminalizes circumvention of digital rights management tools that...more
Last week the Supreme Court agreed to hear the case Unicolors, Inc. v. H & M Hennes & Mauritz, LP, which considers when inaccuracies in a US copyright application can be used to invalidate a resulting registration.
The case...more
The Second Circuit recently held that artist Andy Warhol’s use of Lynn Goldsmith’s photograph of the musician Prince (the “Goldsmith Photograph”) to create fifteen new unauthorized silkscreen and pencil artworks (the “Prince...more