News & Analysis as of

Parody Copyright Infringement

Moritt Hock & Hamroff LLP

Mickey Mouse and the Public Domain: Is Use of Mickey Mouse Now Fair Game or Is that Just Fantasyland?

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

Snell & Wilmer

Supreme Court Holds Specific Use of Warhol’s “Orange Prince” Not Fair Use

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Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. In doing so the Court focused not solely on the...more

International Lawyers Network

Just Humor Them: Jests, Jokes, Satire, and Parody In Infringement and Defamation Cases

I thought of that story, and the unique power humor has, literally and legally, to disarm many who might otherwise complain over any number of legal issues and perceived slights. For even though, as one writer noted, some...more

Goodwin

Who’s Who: Dr. Seuss and Copyright Law

Goodwin on

In the world of copyright law, there is a fine line between unlawful copying or use of another’s work and a lawful parody. Dr. Seuss Enterprises, the holding company for the rights associated with Theodor Seuss Geisel’s...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One,...

Weintraub Tobin on

In this week's podcast of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss "Mashups." Cases discussed: Dr. Seuss Enterprises v. Penguin...more

Weintraub Tobin

The Briefing by the IP Law Blog - Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)

Weintraub Tobin on

In this week's episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss "Mashups." Cases discussed: Dr. Seuss Enterprises v. Penguin...more

Dorsey & Whitney LLP

Environmental Advocate Wins Battle Against “Australia’s Greatest Liability”

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Greenpeace, the well-known environmental campaign organization, recently prevailed over an electricity giant in the Australian case AGL Energy Limited v. Greenpeace Australia Pacific Limited. Australia’s parody and satire law...more

Barnea Jaffa Lande & Co.

Supreme Court Dismisses Nespresso Suit against Espresso Club

The Supreme Court recently dismissed an appeal by Nestlé, the Swiss multinational food and drink processing conglomerate, and its subsidiary corporation Nespresso, filed against our client, the Israeli company Expresso Club....more

Dorsey & Whitney LLP

Second Circuit Affirms Louis Vuitton Not Liable for Attorneys’ Fees in Parody Handbag Case

Dorsey & Whitney LLP on

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

Jones Day

All's Fair in Whoville: Dr. Seuss Parody is Fair Use

Jones Day on

A play about an adult Cindy Lou Who is a fair use of How the Grinch Stole Christmas ("Grinch"), according to a July 6, 2018, opinion issued by the U.S. Court of Appeals for the Second Circuit. Affirming a declaratory judgment...more

Knobbe Martens

Attorneys’ Fee Decision Should put Louis Vuitton in a Good Mood, but will it Gain a Sense of Humor?

Knobbe Martens on

In December, the Second Circuit ruled that My Other Bag (MOB) was not liable for infringing Louis Vuitton’s trademarks and copyrights because MOB’s bags were a parody of the luxury giant....more

Dorsey & Whitney LLP

Louis Vuitton Not Liable for Attorneys’ Fees in Case of Parody Handbags

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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

Womble Bond Dickinson

Being your Best Brand: A Lesson from the Luxury Market

Womble Bond Dickinson on

Becoming, and staying, a great brand is rife with challenges and the need to protect and enforce a brand is never ending. This is especially true in the luxury world, where brands are constantly challenged by counterfeit...more

Kelley Drye & Warren LLP

Joy in Who-Ville? Playwright Wins Fair Use Copyright Dispute in Parody of “Grinch”

It’s not quite what Dr. Seuss envisioned: Kind-hearted and cheerful Cindy-Lou Who from the childhood classic “The Grinch That Stole Christmas” becomes a cynical adult who was thrown in prison after murdering her abusive...more

Knobbe Martens

The Top Hits: Fashion Cases with a Big Impact

Knobbe Martens on

Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

Knobbe Martens

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

Knobbe Martens on

On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark...more

Dorsey & Whitney LLP

The Second Circuit Gets the Joke - Affirms Dismissal of Trademark Parody Lawsuit

Dorsey & Whitney LLP on

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

Knobbe Martens

Trademark Review | February 2016

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The Federal Circuit Considers Constitutionality of Refusal to Register Scandalous and Immoral Marks - The Lanham Act prohibits registration of marks that are defamatory, scandalous or immoral. Last month, in In re Tam,...more

Dorsey & Whitney LLP

Louis Vuitton and My Other Bag – Do You Get The Joke?

Dorsey & Whitney LLP on

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

McDermott Will & Emery

Transformative Parody Entitled to Independent Copyright Protections - Keeling v. Hars

McDermott Will & Emery on

The U.S. Court of Appeals for the Second Circuit affirmed a district court in a rare instance where a playwright’s derivative work—a parody—fell within the fair use doctrine and acquired sufficient originality to warrant...more

Dorsey & Whitney LLP

Famed Artist Jeffrey Koons Sued For Alleged Copyright Infringement…Again

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Jeffrey Koons is well-known to artists, auction houses, and copyright enthusiasts. His works of art have fetched substantial sums of money, including one that recently sold for more than $58 million—the most expensive work...more

Manatt, Phelps & Phillips, LLP

Advertising Law - November 2015 #4

Sharing Is Caring? New Report Documents Apps Sharing User Data at High Rates - A new report has revealed that Apple and Android apps share information with third parties at high rates. Testing 55 of the most popular...more

Akerman LLP - Marks, Works & Secrets

Parody Writers Take Note: Fair Use Parody + New Elements = Copyright Protection

On October 30, 2015 the Second Circuit held that an unauthorized parody that makes “fair use” of its source material is eligible for copyright protection and that copyright protection may extend to a work that exhibits the...more

Weintraub Tobin

Court Provides Fair Use Guidance On YouTuber’s Use of Viral Video

Weintraub Tobin on

This copyright case pitted two big YouTube content brands against each other over issues of fair use. On one side is Equals Three, LLC, a YouTube content studio and channel created and owned by Ray William Johnson, an early...more

Gray Reed

Thankful I Didn’t Copy Images, Parody The Beastie Boys, Use Overbearing TOS Or Have To Stand Behind TheDirty

Gray Reed on

With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks. Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics - In...more

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