News & Analysis as of

Trade Dress Copyright Infringement

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2024 #4

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Vince McMahon, co-founder of World Wrestling Entertainment Inc., has resigned, a WWE representative confirmed Friday, a day after a former employee claimed McMahon forced her to have sex, trafficked her to other executives...more

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

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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

AEON Law

Patent Poetry: Understanding the Idea/Expression Dichotomy in Copyright Law

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Clients sometimes ask intellectual property (IP) lawyers how they can patent or copyright their ideas and make money off them. The short answer is: you probably can’t. Neither patent law nor copyright law protects...more

McDermott Will & Emery

Tableware Designer Gets Heavenly Results on Its Pearly Plates

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit reversed a district court decision, reversing the dismissal of a copyright claim based on lack of standing and finding ownership of the copyright in the claimant based on an...more

Fox Rothschild LLP

Intellectual Property Tools for Protecting Fashion Goods

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Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Below are three possible situations in which you can use intellectual...more

Manatt, Phelps & Phillips, LLP

Personal Organizer Held Not Eligible for Trade Dress Protection—Are Design Patents the Answer?

In Craft Smith, LLC v. EC Design, LLC, the U.S. Court of Appeals, Tenth Circuit, ruled that a knockoff version of a personal organizer did not infringe the original organizer’s overall design. The court also concluded that...more

McDermott Will & Emery

More Than a Feeling: No Fees for Frivolous Claim Where “Perceived Wrongs Were Deeply Felt”

Addressing the appropriateness of the district court’s decision to deny attorneys’ fees relating to a copyright claim it labeled “frivolous,” the US Court of Appeals for the Seventh Circuit affirmed the denial, despite the...more

McDermott Will & Emery

Chalk One Up to the Knock-Off

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Addressing issues of design patent infringement, copyright infringement, trade dress infringement and unfair competition, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment...more

Knobbe Martens

Pencil Shaped Chalk Holder Is a Non-Copyrightable Idea

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Lanard Toys Limited v. Dolgencorp LLC, Ja-Ru, Inc., and Toys “R” US - Before Lourie, Mayer, and Wallach. Appeal from the District Court for the Middle District of Florida. Summary: A useful article is not copyrightable...more

McDermott Will & Emery

That’s Bananas: Third Circuit Examines Copyright Protection Under Star Athletica

McDermott Will & Emery on

Applying the Supreme Court of the United States’ 2017 decision in Star Athletica v. Varsity Brands regarding the copyrightability of non-utilitarian sculptural design features (IP Update, Vol. 20, No. 4), the US Court of...more

Manatt, Phelps & Phillips, LLP

Third Circuit Goes Bananas for Copyright Protection

The U.S. Court of Appeals, Third Circuit went bananas for copyright protection, ruling that a banana costume was copyrightable in a lawsuit filed by the maker of a competing costume....more

Akerman LLP - Marks, Works & Secrets

The Third Circuit Goes Bananas

In Silvertop Associates, Inc. v. Kangaroo Manufacturing, Inc., the Third Circuit applied the two-part test set forth in the Supreme Court’s decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., and held that a full-body...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Lifts Import Alert on GE Salmon - The U.S. Food and Drug Administration (FDA) has deactivated an import alert that prevented the introduction of genetically engineered (GE)...more

Blank Rome LLP

An Overview of Intellectual Property Insurance Issues

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The strategic importance and economic value of intellectual property (“IP”) can hardly be overstated in today’s global marketplace. Recognizing this, companies devote considerable time and resources to protect their vital IP...more

Knobbe Martens

Burlesque Designs for the Eye: Makeup Designs in Dispute

Knobbe Martens on

On December 13, 2018, Face Lace Ltd., founded by makeup artist Phyllis Cohen to provide ready-to-wear makeup designs, filed suit in the Central District of California against Bare Escentuals Inc. d/b/a Buxom Cosmetics. Face...more

Fish & Richardson

Sufficiency of ITC Complaint Established By Commission Institution

Fish & Richardson on

The recent Federal Circuit opinion in Laerdal Medical Corp. v. International Trade Commission may have an effect on the ITC’s pre-filing and pre-institution procedures in connection with section 337 complaints....more

Proskauer Rose LLP

Three Point Shot - December 2018

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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. Your feedback,...more

Knobbe Martens

Laerdal Medical Corp. v. ITC

Knobbe Martens on

Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from the United States International Trade Commission. Summary: After institution, the Commission cannot without opposition or appearance from...more

Foley & Lardner LLP

Legal and Equitable Profit Disgorgement in a Trademark Case

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In many instances, trademark and trade dress cases are directed to injunctive relief, with damages being almost an afterthought. Not sharply focusing in damages from the outset of a case may be a mistake, particularly given...more

Hogan Lovells

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

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China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. ...more

Dorsey & Whitney LLP

Hey, Batter Batter! – Lizard Skins Goes to Bat over its Grip Tape Designs

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It’s finally the start of baseball season: you can almost feel the gentle spring breeze, smell the peanuts and popcorn, and hear the crack of the bat. You may also notice something more colorful, dotted, and perhaps...more

Dorsey & Whitney LLP

“Sleevey Wonders” are “Arm Tight” in California Lawsuit

Dorsey & Whitney LLP on

The women’s hosiery powerhouse, Spanx, is being sued for allegedly copying designs of a small shapewear company (R and A Synergy, LLC, v. Spanx, Inc., (C.D. Cal. 2017)). In the Complaint filed on December 21, 2017 in the...more

Seyfarth Shaw LLP

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

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In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....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

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