Generative AI is a hot topic of conversation in every industry, including law. Indeed, industry analysts and commentators have argued that generative AI will soon be able to do much of the work that is typically done by...more
In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for...more
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
Spooky Stories of Useful Bananas, Judicial Intervention in the Candy Aisle, and the Urge to Run Away and Join the Halloween Circus - It’s the most wonderful time of the year! Whatever the intent of the original song, I...more
Are cheerleading outfits functional “useful items” that normally are ineligible for copyright protection? Or do they contain distinct design elements that allow for copyright ownership? ...more
United States copyright law protects original, creative expression fixed in a tangible medium, such as sculptures, paintings, and musical recordings. But, subject to limited exceptions, copyright protection often does not...more
Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more
Recently, the Sixth Circuit Court of Appeals ("Sixth Circuit") in Varsity Brands, Inc. v. Star Athletica, LLC, decided that clothing designs (in this case, a cheerleading uniform) can be protected by copyright under the...more
Once a piece of clothing has been styled, cut and shaped according to a designer’s vision, it is a form of expression arguably no less worthy of copyright protection than say, a photograph, painting, or poem. However, the...more
Have you ever noticed how people rarely sing “Happy Birthday to You” in movies and television? Instead, people usually sing “For He’s a Jolly Good Fellow,” even though no one actually sings that song in real life. ...more