Defendant’s unauthorized work that made “fair use” of its source material (it was a parody of the movie POINT BREAK). 2d Cir holding: if the creator of an unauthorized work stays within the bounds of fair use and adds sufficient originality, she may claim protection under the Copyright Act, 17 U.S.C. 103, for her original
2015
Memo in Fox News Anchor v Hamster
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Text of Author’s Guild v Google (Google Books) Decision
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Bikram’s Yoga v Evolation Yoga 9th Cir Decision
NY Times commentary on ‘Hot Yoga’ decision.
Shades of Grey Commentary on Yoga Decision.
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SKINNYGIRL Empire of Products v SKINNYGIRL Tea (SDNY Complaint)
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Text of MTM v Amazon
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WTR: Managing the Trademark Asset Lifecycle
I over-work the cliché: “that which goes without saying, often goes without doing.” When we give advice to our clients, it goes without saying that each recommendation should be preceded by: “if it makes economic sense to do so.” So often we forget to consider whether we should, for example, be paying $2 to…
Purchaser of a Volkswagen Sues Under 43(a)(1)(B)
Benjamin Austin v Volkswagen Group, et. al., 15-cv-7806 (here in beautiful White Plains). Purchaser of a Volkswagen sues under 43(a)(1)(B) (false advertising) relating to the ‘diesel’ scandal. Thing is: even under Lexmark, there likely isn’t standing.
Al Fross
I wrote this on the day Al Fross died, September 11, 2012. I re-post it every year. Every year someone who had known Al sees the piece, and writes me to share a memory or two.
I thought I was going to write about 9/11 today but that has turned out not to be…