This could be an important story for brand professionals. County star Luke Combs won a $250K copyright judgment against an ailing fan. Now, the fan says she didn’t know about the suit (sic), and he says he didn’t know about the suit (sic)
If you’ve been following U.S. TM and copyright litigation trends, then you
AI Litigation List
Gayle v Villamarin (ART WE ALL) – Use of work in grafitti insufficient to establish defendant’s access to work
Plaintiff claims copyright in ART WE ALL and design., which design he claimed he merchandised. Sues Defendant for selling ARTWEALL merchandise on copyright and trademark. Magistrate Judge finds that (1) plaintiff’s affixation of the design in grafitti insufficient to show that defendant had access to the work; and (2) plaintiff failed to show that he
Questions as to Birdman’s Net Worth After Cash Money Boss Defaults On $12 Million Loan Go Unanswered In EDNY Decision On Personal Jurisdiction in Copyright Action
Photographer, represented by the Liebowitz firm, sued defendant media website for unauthorized publication of plaintiff’s photo illustrating an article entitled “Rick Ross Questions Birdman’s Net Worth After Cash Money Boss Defaults On $12 Million Loan.” Plaintiff’s allegation that defendant was based in Brooklyn according to third-party website, deemed inadmissible hearsay and therefore insufficient to establish
Example of Court Order Granting Subpoena to Copyright Holder Seeking Identities of Alleged Unauthorized Downloaders of Adult Films – Strike 3 v John Doe – EDNY
Strike 3 subpoenas ISPs to determine the identities of John Does that it alleges downloaded its copyrighted (adult) films. The decision describes the procedure to be filed in view of the “sensitive nature of the allegations.”
Is the photo on the right fair use of the photo on the left? I don’t mean here.
Jawad Elatab v Hesperios, 19 cv 9678 (ALC) (SDNY June 2, 2021)
I mean in the case. Of course it’s fair use here.
Defendant clothing company published plaintiff’s photo (left, above) of Bella Hadid, on its Instagram account with the caption: “@Bellahadid in our Lou tank and Lou Bel skirt knit set in fawn
Text of ASTM v Public Resource – DC Circ Decision re Fair Use of Standards Incorporated Into Laws
From the decision: Across a diverse array of commercial and industrial endeavors, from paving roads to building the Internet of Things, private organizations have developed written standards to resolve technical problems, ensure compatibility across products, and promote public safety. These technical works, which authoring organizations copyright upon publication, are typically distributed as voluntary guidelines for
10,000 Dead Bugs and All Similarly Situated
My colleagues Mel Garner, Rob Isackson, Lauren Emerson and I co-authored an amicus brief on behalf of the New York IP Law Association, filed in a Federal Circuit appea, Syngenta v Willowood. We argued that FIFRA, the Federal Insecticide, Fungicide and Rodenticide Act, does not preclude application of the Copyright Act, and thus a copyright
Viacom v Hearrt re Paw Patrol Characters
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S Ct: Text of Kirtsaeng v John Wiley on Awarding Attorney’s Fees
Footnote two is a contender for funniest Supreme Court footnote this term.
Kirtsaeng bought low-cost foreign edition textbooks in Thailand and resold them to students in the U.S. In 2013 the Supreme Court held that Kirtsaeng could invoke the Copyright Act’s “first-sale doctrine,” 17 U.S.C. 109(a), as a defense to the publisher’s