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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
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
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
Law Journal Press | Digital Book America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition Authors: Mary Anthony Merchant View this Book

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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
July 28, 2023 | Pro Mid Market

Who Got the Work: Day Pitney Partner Steps In to Defend Kas Pet in Trademark Infringement Suit

Day Pitney partner Richard H. Brown has entered an appearance for Kas Pet LLC, a retailer of pet products, in a pending trademark infringement lawsuit.
2 minute read
July 24, 2023 | New York Law Journal

Accrual of Authorship Claims: 'Finch v. Casey'

A discussion of 'Finch v. Casey' concerning 99 songs co-written by Richard Finch and Harry Wayne Casey—aka KC—while they were members of KC & The Sunshine Band in the 1970s. The case is "one of only a handful of cases touching on the interplay between the Copyright Act's statute of limitations, and its termination-of-transfer provisions."
9 minute read
June 27, 2023 | Law.com

'Flagged Just by Association': Another IP Attorney Files Defamation Suit Over Amazon's 'Blacklist'

It's unknown how many attorneys may have been similarly affected, but this is the second example in a matter of weeks of IP lawyers taking on the world's largest online marketplace over its so-called blacklist.
5 minute read
May 19, 2023 | New York Law Journal

Copyright on the Bubble: A Look at 'Slice of the Ice' Dispute

With the Stanley Cup just around the corner, this month's column deals with a recent case from the U.S. District Court for the Eastern District of Pennsylvania, Grondin v. Fanatics, which involves an item of hockey memorabilia called "Slice of the Ice," a "Lucite sculpture in the approximate shape of the Stanley Cup, with a hockey puck–shaped piece in the center filled with melted ice gathered from the rink used in a prominent hockey game."
8 minute read

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