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Searching Content indexed under Intellectual Property by Frankfurt Kurnit Klein & Selz ordered by Published Date Descending.
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1
Yes, That Banana Costume Is Copyrightable
Those sculptural features include the banana's combination of colors, lines, shape, and length.
United States
13 Aug 2019
2
Artist Sues Singer For Shooting Then Selling Artwork
A new legal brawl between a musician and a painter raises an interesting question under the Copyright Act: what are the legal obligations of one who destroys another's art in order to create something that is arguably a new work?
United States
13 Aug 2019
4
Liebowitz Wins Statutory Damage Award -- But It's Only $750
The Court noted that the fact that so many media outlets used the photo demonstrates that market value.
United States
30 Jul 2019
5
Danish Car Importer Ordered To Pay Damages To Artist Ai Weiwei In Ad Dispute
A Danish court recently ordered car distributor Skandinavisk Motor Co. A/S to pay over $200,000 to Ai Weiwei, a contemporary artist and advocate for political reform in China, in connection with the car importer's unauthorized use ...
United States
29 Jul 2019
6
Copyright Infringement Claims Against Just Fresh Restaurant Prove Stale
In Chelko v. Does JF Restaurants, LLC, 3:18-cv-005636 (W.D.N.C.), a District Court for the Western District of North Carolina followed the Supreme Court's decision in Petrella v. Metro-Goldwyn-Mayer, Inc., ...
United States
29 Jul 2019
7
$750 Statutory Damage Award To Liebowitz Client In Otto v. Hearst Is Explained By Court
In a post last week, I described a recent SDNY case in which the Court found that an amateur photographer had suffered only $100 in actual damages by reason of a use by Hearst of the image to illustrate an online article.
United States
29 Jul 2019
8
WIPO Moves Forward With Plan To Stem Ad Revenue Flowing To Online Pirates
The World Intellectual Property Organization's Advisory Committee on Enforcement recently announced progress made on its Building Respect for Intellectual Property database, also known as the BRIP Database.
United States
29 Jul 2019
9
Copyright Small Claims Bill Passes First Test
Copyright small claims court moves one step closer to reality. Yesterday morning, the Senate Judiciary Committee approved the Senate version of the copyright small claims bill by voice vote.
United States
23 Jul 2019
10
Court Enters Default Judgment Against Online Retailer In Kardashian Suit
Missguided did not respond, appear, or otherwise defend the case.
United States
17 Jul 2019
11
Limited Trademark Protection For Puns?
This case highlights that what happens in the PTO often comes up in litigation and, as it did here, can have a very persuasive effect.
United States
17 Jul 2019
12
Another Liebowitz Sanction!
In my post earlier this week, I described how one SDNY judge (Oetken) sanctioned copyright plaintiff's lawyer Richard Liebowitz and his firm nearly $100,000 for making a frivolous motion to disqualify an expert witness.
United States
16 Jul 2019
13
$100,000 Sanction Against Richard Liebowitz And His Firm
The disqualification motion arose from Craig's contention that he had disclosed confidential information to the expert.
United States
15 Jul 2019
14
Brazil To Join International Trademark System
The World Intellectual Property Organization ("WIPO") announced that, effective October 2, 2019, Brazil will join the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, or the...
Brazil
11 Jul 2019
15
Andy Warhol's "Prince Series" Ruled Fair Use
So-called "appropriation art" is a common subject of copyright infringement disputes.
United States
8 Jul 2019
16
False Advertising Litigation Alert: Using A Competing Product To Advertise Your Own May Not Be False Advertising
A reasonable jury could thus conclude that there was no false advertising here, the court reasoned.
United States
5 Jul 2019
17
June 2019 Sports Industry News
Here's what's happening at the intersection of sports, marketing, and entertainment law as Summer rolls along.
United States
5 Jul 2019
18
Have We Learned Anything From Pepe The Frog About Copyright Law?
Is a work that's otherwise protected by copyright suddenly fair game once it's been "meme-ified"? That was the question involving "Pepe the Frog," described by its author, Matt Furie, as a "cool, chill frog dude."
United States
1 Jul 2019
19
Supreme Court Says "Scandalous" Trademarks May Be Registered
Here's some news for brands, creators, and other entities developing nonconforming names or entertainment content. Yesterday, the Supreme Court ruled that FUCT and other profane, "scandalous" or "immoral" words may be registered as trademarks.
United States
1 Jul 2019
20
Supreme Court: FUCT & Other "Scandalous" Words May Be Registered
Since 2011, Erik Brunetti has been seeking to federally register the trademark FUCT for his street wear, counter-culture clothing brand.
United States
27 Jun 2019
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