ALL POSTS
“My Way or the Highway”: Second Circuit Affirms Dismissal of Untimely Copyright Infringement Suit Regarding Hit Netflix Series Comedians in Cars Getting Coffee
Netflix popularized the cultural phenomenon of “binge-watching,” where viewers can choose from a wide variety of content to watch as many movies or shows as they want.[1. Netflix Wants the World to Binge-Watch, Bloomberg (Jan. 12, 2017),...
“Corny” Ads: Seventh Circuit Holds Super Bowl Beer Commercials Not False Advertising
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
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
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. G&M Realty L.P. v. Castillo, 2020 U.S. LEXIS 4495, 4495 (Oct. 5, 2020);...
Third Circuit Says, “That’s the Way the Cookie Crumbles”
On October 8, 2020, the Third Circuit ruled against Ezaki Glico, the Appellant-Plaintiff, in a trade dress infringement case.[1. See Ezaki Glico Kabushiki Kaisha v. Lotte Int’l Am. Corp., No. 19-3010, 2020 U.S. App. LEXIS 31926, at *16 (3d Cir. Oct. 8, 2020).] Ezaki...
Ready for the Big Game? NFL Continues Crackdown on Super Bowl Trademark
As Minneapolis prepared to host the “big game,” the NFL geared up to protect their trademark on the use of the phrase “Super Bowl” from counterfeiters and unlicensed advertisers. [1. Michelle Fabio, Super Bowl Legal Blitz: Inside the NFL’s Legendary Trademark...
H&M Revok’s Its Infringing Advertisement
In January 2018, Jason “Revok” Williams served a cease and desist notice on H&M, the Swedish retail company, contending that the advertisement for its “New Routine” sportswear line infringed a copyright he owned. [1. Sonia Rao, H&M’s battle with the artist...
‘The Girls’ … Fact, Fiction, or Cyber-espionage?
Emma Cline’s debut novel, “The Girls” earned her tremendous critical acclaim, a seven figure three-book deal, a potential major motion picture, and a $2 billion lawsuit with her ex, Chaz Reetz-Laoilo. [1. See Sheelah Kolhatkar, How the Lawyer David Boies Turned a...
Chief Wahoo Pulled from Indians Rotation, But Don’t Expect Similar Changes to Redskins’ Depth Chart
In January, the Cleveland Indians announced that beginning in 2019, the professional baseball team would be retiring its logo, Chief Wahoo, from use on team uniforms or banners and signs at Progressive Field, the team’s stadium. [1. David Waldstein, Cleveland Indians...
The Allegedly Many Shapes of Water
The Shape of Water may have taken the coveted top prize at this year’s Academy Awards, but writer/director Guillermo del Toro’s celebrations…