Earlier this summer, in The Andy Warhol Foundation for the Visual Arts v. Goldsmith, the federal district court for the Southern District of New York held that Andy Warhol’s artwork series depicting the late singer Prince was...more
8/24/2019
/ Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Dismissals ,
Fair Use ,
Fine Art ,
Motion for Summary Judgment ,
Multi-Factor Test ,
Photographs ,
Transformative Use
When a judicial opinion refers to a “bitter feud”, a plaintiff “beset by acrimony”, and a “rock star” banker who “faced his peripeteia” (we looked it up for you - it’s Greek for “reversal of fortune”), you know there’s gotta...more
It’s been an annual tradition here at The TMCA to write about a trademark and copyright dispute between Louis Vuitton Malletier, S.A. and My Other Bag, Inc. (“MOB”) over a line of canvas tote bags that parodied Louis...more
3/26/2019
/ Attorney's Fees ,
Copyright Infringement ,
Dilution ,
Fashion Branding ,
Lanham Act ,
Louis Vuitton ,
Octane Fitness v. ICON ,
Parody ,
The Copyright Act ,
Trademark Bullying ,
Trademark Infringement
Winston Churchill famously commented in 1939 that Russia was “a riddle wrapped in a mystery inside an enigma.” The same could be said about Grand Duchess Anastasia Romanov, daughter of Russian Tsar Nicholas II, who was...more
In January 2016 and January 2017, we blogged about a trademark and copyright dispute between Louis Vuitton Malletier, S.A. and My Other Bag, Inc. (“MOB”) over a line of canvas tote bags that parodied Louis Vuitton’s iconic...more
1/19/2018
/ Attorney's Fees ,
Copyright Infringement ,
Dilution ,
Exceptions ,
Fashion Branding ,
Lanham Act ,
Louis Vuitton ,
Octane Fitness v. ICON ,
Parody ,
Summary Judgment ,
The Copyright Act
Last January, we blogged about a district court decision involving trademark parody in Louis Vuitton Malletier, S.A. v. My Other Bag, Inc. In that decision, the court held that defendant My Other Bag had convincingly argued...more
In a recent post, we discussed the trademark parody defense in the context of a California district court decision holding that the owner of the Superman “S” logo had adequately stated infringement claims asserted against a...more