Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use...more
It has been eight months since the Supreme Court’s landmark copyright fair use decision in Andy Warhol Foundation for the Visual Art, Inc. v. Goldsmith. Much has been written on the subject, including in this forum, but in...more
On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross...more
In AI Training Case Brought by Thomson Reuters, Court Denies Summary Judgment - In Thomson Reuters v. Ross Intelligence, a district court largely denied the parties’ cross motions for summary judgment and held that a...more
Generative AI has taken the world by storm since OpenAI launched ChatGPT in November 2022. But the buzz and excitement of GAI has come with difficult legal questions that threaten the new technology. Several lawsuits—some of...more
A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more
The US Court of Appeals for the Ninth Circuit overturned a district court’s summary judgment, rejecting an accused publisher’s argument that their use of copyrighted photos embedded in articles was fair use under the...more
Addressing fair use as an affirmative defense to copyright infringement, the US Court of Appeals for the Second Circuit amended its recent opinion, reversing a district court’s summary judgment in favor of fair use. The Court...more
Decades ago, Andy Warhol created 15 silkscreen prints and pencil illustrations based on Lynn Goldsmith’s 1981 photograph of the artist Prince. Goldsmith’s agent had licensed Vanity Fair to use the image to publish an...more
Presented with a publishing company defendant’s mashup of Dr. Seuss’ copyrighted works with Star Trek in a work titled Oh, the Places You’ll Boldly Go!, the US Court of Appeals for the Ninth Circuit tackled claims of both...more
Just in time to steal ComicMix’s Christmas, the Ninth Circuit recently held that the bookmaker’s mashup story Oh, the Places You’ll Boldly Go! (which combines elements of the Dr. Seuss book Oh, the Places You’ll Go! with Star...more
The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three...more
The Second Circuit vacates Tiffany's summary judgment win over Costco and remands for a trial over the use of the word "Tiffany" in advertising for engagement rings. On August 17, 2020, in Tiffany & Co. v. Costco Wholesale...more
This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening a slight Circuit split on the Americans with Disabilites Act's...more
A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the "Tiffany" name. Jones Day partners Meredith Wilkes and...more
The US Court of Appeals for the Second Circuit vacated a district court’s summary judgment grant in favor of a fine jewelry producer for trademark infringement, counterfeiting and unfair competition because factual disputes...more
A federal appeals court issued its opinion on August 17th in Tiffany & Co. v. Costco Wholesale Corp., vacating a $21 million judgment against Costco Wholesale Corp. Costco had marketed unbranded diamond engagement rings...more
Drake prevails again – this time at the Second Circuit. On February 3, 2020, the Court of Appeals for the Second Circuit upheld the district court’s grant of summary judgment in favor of Drake, finding that his use of a...more
Last week, Sheppard Mullin partner Neil Popovic (San Francisco) secured summary judgment against recognition of a €2 million ($2.2 million) French judgment against art editor Alan Wofsy and Wofsy’s company Alan Wofsy &...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more
Addressing the use of third-party photographs on a real estate listing website, the US Court of Appeals for the Ninth Circuit found no direct copyright infringement, notwithstanding the display of thousands of copyrighted...more
Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more
In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more
And just like that, it was over. The U.S. Supreme Court’s decision in TC Heartland v. Kraft Foods Group sun-setted the reign of the U.S. District Court for the Eastern District of Texas as the country’s busiest (and arguably,...more
Examining the issue of trademark fair use, the US Court of Appeals for the Ninth Circuit reversed a district court grant of summary judgment in favor of a promotional products company and remanded the case for reconsideration...more