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A Broken Engagement: Second Circuit Vacates Tiffany’s win over Costco in Engagement Ring Row

A Broken Engagement: Second Circuit Vacates Tiffany’s win over Costco in Engagement Ring Row

by Chelsea Himes | Mar 25, 2021 | All, Fashion Law, Trade Dress, Trademark, Trademark Law

Whether you can afford their jewels or not, you probably know the names of a few designer jewelry brands. Top brands evoke images of luxury diamonds the size of small boulders with price tags to match. Therefore, it may seem odd to encounter one of these brand names...
Not Sorry: Despite Fair Use Ruling for Leaked Song, Minaj Settles to Avoid More Litigation

Not Sorry: Despite Fair Use Ruling for Leaked Song, Minaj Settles to Avoid More Litigation

by Jane Honerlaw | Mar 25, 2021 | All, Copyright, Entertainment, Entertainment Law, Music Law

If the rumors are true, singer-songwriter Tracy Chapman is on a “do not sample” list, an unofficial warning to fellow musicians not to mess with her copyrighted works.1 That may change after a recent ruling deemed Nicki Minaj’s leaked song a fair use of Chapman’s...
The Final Showdown: The Current Status of Google v. Oracle

The Final Showdown: The Current Status of Google v. Oracle

by Danielle Manahan | Feb 9, 2021 | All, Copyright

For many, 2020 brought more surprises and tumultuous moments than they could have imagined. For the copyright world and the software industry, however, the thought of 2021 may be even more nerve-racking. Oracle v. Google (now titled Google v. Oracle), arguably the...
“Corny” Ads: Seventh Circuit Holds Super Bowl Beer Commercials Not False Advertising

“Corny” Ads: Seventh Circuit Holds Super Bowl Beer Commercials Not False Advertising

by Ethan Barr | Nov 21, 2020 | All, Entertainment Law, Trademark, Trademark Law, Unfair Competition

MillerCoors, LLC v. Anheuser-Busch Cos., LLC, 385 F. Supp. 3d 730, 739 (W.D. Wis. 2019). While many people treat television commercials as a bathroom break or an opportunity to glance at their phones, one weekend in February diverges this practice from the norm.  The...
More than a Faux Pas, Reposting Photos on Social Media can Result in Copyright Infringement Liability

More than a Faux Pas, Reposting Photos on Social Media can Result in Copyright Infringement Liability

by Lilia Chu | Nov 13, 2020 | All, Copyright, Fashion Law

How often do we see celebrities repost photos of themselves taken by others, or designers post photos of others wearing their designs?  Did these “re-posters” ask for permission?  Did they need to?  On September 18, 2020, the District Court for the Southern District...
NYC Street Artists Won Their Case, Earning “Recognized Stature” for 5Pointz Graffiti

NYC Street Artists Won Their Case, Earning “Recognized Stature” for 5Pointz Graffiti

by Shuyu Wang | Nov 1, 2020 | All, Art Law, Copyright, Uncategorized

On October 5, 2020, the Supreme Court denied certiorari of a case appealed by a New York City developer who was required to pay $6.75 million for destroying murals at the 5Pointz complex.1  The Court did not explain why it refused to hear the case, but the denial...
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