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New York County, Surrogate's Court: April 17, 2024
Publication Date: 2024-04-17
Practice Area: Trusts and Estates
Industry:
Court: Surrogate's Court, New York County
Judge: Surrogate Hillary Gingold and Rita Mella
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Decision and Orders & Decree and Orders signed between:April 1-12, 2024

March 14, 2024 | New York Law Journal

'Philpot v. Independent Journal Review'

In 'Philpot v. Independent Journal Review', the Fourth Circuit reversed the district court's findings regarding fair use and copyright registration validity.
11 minute read
Perlman v. Gen. Elec.
Publication Date: 2024-02-28
Practice Area: Employment Litigation
Industry:
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Paul A. Engelmayer
Attorneys:
For plaintiff:
For defendant:
Case number: 22 Civ. 9823

ERISA Complaint Dismissed as Untimely; Plaintiff Not Entitled to Equitable Tolling

Appellate Division, First Department: February 15, 2024
Publication Date: 2024-02-15
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Term, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on: February 13, 2024

January 19, 2024 | New York Law Journal

Phone Home: Inflatable Alien Costume Held Copyrightable

To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.
6 minute read
December 05, 2023 | New York Law Journal

'Kerson v. Vermont Law School'

In 1993, Kerson and the Vermont Law School entered into an agreement for Kerson to paint two murals on the walls of the upper level of the Chase Community Center. During the summer of 2020, the law school's president received a petition demanding the removal of the murals. Kerson sued the law school, seeking a preliminary injunction enjoining it from placing panels over the murals, invoking his rights under VARA.
10 minute read
November 02, 2023 | The American Lawyer

Big Law Firms Call on Top Law Schools to Condemn Anti-Israel Protests, Harassment

A group of more than 200 leading law firms implored law schools to reign in "anti-Semitic activities" on campus as Israel's response to the Oct. 7 attacks draws protest worldwide.
8 minute read
PIM Brands Inc. v. Haribo of Am. Inc.
Publication Date: 2023-09-25
Practice Area: Intellectual Property
Industry: Food and Beverage | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Bibas
Attorneys:
For plaintiff: Jonathan Z. King and Richard S. Mandel (Cowan, Liebowitz & Latman, P.C.); Leah Kelman and David R. King (Herrick, Feinstein LLP)
For defendant: Michael Cukor (McGeary Cukor LLC); Mark J. Liss, Tamara A. Miller, and Laura M. Schaefer (Leydig, Voit & Mayer, Ltd.)
Case number: 22-2821

Color and Shape of Watermelon-Flavored Candy Were Functional by Helping Candy Resemble Watermelon Wedge

September 14, 2023 | New Jersey Law Journal

Sweet Defeat: 3rd Circuit Says Candymaker Can't Trademark Watermelon's Shape and Colors

"Because the tricolored shape is recognizable as watermelon-flavored, the whole appearance is useful," Third Circuit Judge Stephanos Bibas wrote. "So a candymaker cannot block competitors from using the combined shape and colors by trademarking that combination. We will thus affirm the district court's grant of summary judgment."
4 minute read
September 14, 2023 | New York Law Journal

'Thaler v. Perlmutter': AI Output is Not Copyrightable

The U.S. District Court for the District of Columbia recently upheld a final refusal by the U.S. Copyright Office to register a visual work that was not the product of human authorship but was instead created by a computer algorithm. The sole legal issue of the case, Thaler v. Perlmutter, was whether a work autonomously generated by an AI system is copyrightable.
7 minute read

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