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Design Patents Claiming Component Parts of a Larger Product Are Not Inherently Invalid

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. For the first time, a federal court has now interpreted the term “article of manufacture” in...more

New Obviousness Standard for Design Patents Has No Impact on $18 Million Jury Verdict

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy...more

Nike and BAPE Settle Trademark Infringement Lawsuit

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

Making Waves: Navigating the Tide of Artistic Freedom and Trademark Protections in the Vans v. MSCHF Case

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

The Generative AI Revolution: Key Legal Considerations for the Consumer Products Industry

For better or worse, generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making...more

Supreme Court Rules Against Warhol Estate in Copyright Dispute Over Use of Photo of Prince for Magazine Cover — Potentially...

On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use...more

Top 10 Issues Facing Consumer Products Industry in 2023

1. Consumer Law Reforms - 2023 will see an increase in class action lawsuits targeting per- and poly-fluoroalkyl substances (PFAS) in consumer products as more PFAS-limiting laws go into effect. Specifically, we expect food...more

What’s AI Got to Do with Fashion?

With the advent of OpenAI’s ChatGPT, GitHub Copilot, and Google’s Bard, generative artificial intelligence (AI) is all the rage from students looking for an easy answer to c-suite executives hoping to stay ahead of the game....more

Full Court Press: NIKE Files Trademark Infringement Lawsuit Against BAPE

Nike Inc. recently sued Japanese streetwear company, A Bathing Ape (BAPE), in the Southern District of New York, alleging that BAPE’s business model revolves around offering “near verbatim” copies of Nike’s iconic Air Force...more

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the...

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse Nike, Inc. has filed a federal complaint against StockX, LLC, an online resale...more

Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings [Audio]

In this inaugural episode of ArentFox Schiff’s Consumer Product Industry Group’s podcast series, the Group’s co-leaders Michelle Mancino Marsh and Lynn Fiorentino discuss the potential implications of California’s latest...more

A Copyright Law Horror Show for Producers of “Friday the 13th”

Second Circuit Holds that Movie Screenplay Author was Entitled to Termination Rights - The Second Circuit held recently that the screenwriter of the pop culture classic “Friday the 13th” did not write the Screenplay as a...more

Put a © on It: Choreography for Beyonce’s Single Ladies Granted Copyright Registration

JaQuel Knight, choreographer to musical artists such as Beyoncé and Meghan Thee Stallion, has announced plans to launch a company to copyright dance moves. This announcement comes on the heels of his recently acquired...more

A Blow to Pop Art: Andy Warhol’s Prince Series Not a 'Fair Use' of Lynn Goldsmith’s Photograph

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

Safety Dance: Copyright and Advertising Guidance for Viral Dance Trends

The rise of short-form content, and the platforms that host it, has brought with it a range of marketing and advertising opportunities for brands, artists, and companies alike. On the other hand, it has also led to a variety...more

COVID-19 Relief and Government Funding Bill Brings Significant Changes to Trademark and Copyright Law

It may come as some surprise that embedded within the over 5,500-pages of the recent COVID-19 relief and government funding bill (the Consolidated Appropriations Act) are several (not-insubstantial) changes to copyright and...more

In Long-Running Dispute, ITC Rules Chuck Taylor Sneakers Protectable But Not Infringed

Converse – In re Certain Footwear Products, Inv. No. 337-TA-936 (Remand, 2020) - It has been over six years since Converse first filed its headline-grabbing International Trade Commission complaint against over thirty...more

Supreme Court Holds Willful Trademark Infringement Not Required for Disgorgement of Fossil’s Profits

Is a plaintiff in a trademark infringement suit required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to an award of defendant’s profits? This is an important, age-old, yes-or-no...more

Sinclair v. Ziff Davis et al.: Read the Platform’s Terms of Use Before You Post Content to Social Media

Most users of social media simply do not appreciate the risks involved in using the platform for its intended purposes—the mass dissemination of content. Indeed, among the benefits and drawbacks of social media is one...more

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