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November 17, 2022 | New York Law Journal

No Fair Use of Picasso Art Images: 'De Fontbrune v. Wofsy'

The U.S. Court of Appeals for the Ninth Circuit recently adjudicated a fair use claim involving photographs of hundreds of works by perhaps the only 20th century artist even more famous than Warhol: Pablo Picasso.
8 minute read
October 31, 2022 | Law.com

Big Law Lateral Movement Has Accelerated: The Morning Minute

The news and analysis you need to start your day.
5 minute read
October 25, 2022 | Law.com

Who Got the Work?℠: Cozen O'Connor Backs Allstate in Consumer Class Action and More

Welcome to "Who Got the Work?℠," a regular column that highlights the law firms and lawyers around the country who are being brought in to handle key cases and close major deals for their clients.
11 minute read
September 28, 2022 | New York Law Journal

'Hanagami v. Epic Games': One Small Step …

The question before the court was whether the alleged "sameness" was substantial enough to amount to copyright infringement.
8 minute read
July 14, 2022 | New York Law Journal

'Morford v. Cattelan': If Two Artists Tape a Banana to a Wall …

The precedential value of the 'Morford' decision will probably be slim to none.
9 minute read
May 19, 2022 | New York Law Journal

'Gray v. Hudson' Rules on Copyrightability of Musical Elements

The decision articulates the current state of Ninth Circuit law regarding the threshold of protectable originality in music infringement cases, and because so many music cases are brought in the Ninth Circuit the ruling will likely be significant to music litigators nationwide.
9 minute read
April 08, 2022 | Law.com

Skilled in the Art With Scott Graham: Checking on Kathi Vidal's To-Do List at the PTO + Drew Hirshfeld Preparing for a New Chapter + 'Ghosts of Trademarks Past' Haunt CAFC Argument

Fintiv, Arthrex review, patent eligibility and SEP licensing are just a few of them items on the menu. Hirshfeld has agreed to stick around a few months as acting deputy to support the transition.
11 minute read
March 17, 2022 | New York Law Journal

Comedians' Claims Against Pandora Are No Laughing Matter

In dual lawsuits filed on Feb. 7, 2022, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions"—their standup routines—by streaming the sound recordings that embody those routines without a license for the spoken word works.
8 minute read
January 20, 2022 | New York Law Journal

Supreme Court Hears Argument in 'Unicolors'

In this edition of their Copyright Law column, Robert W. Clarida and Thomas Kjellberg describe some of the major issues the court addressed in oral argument in 'Unicolors v. H&M Hennes & Mauritz'—presently before the U.S. Supreme Court—and will identify some questions that are likely to remain open no matter the outcome.
8 minute read
Kars 4 Kids, Inc. v. America Can! Cars for Kids
Publication Date: 2021-08-23
Practice Area: Intellectual Property
Industry: Non-Profit
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Shwartz
Attorneys:
For plaintiff: Christopher Cariello and Peter D. Vogl (Orrick Herrington & Sutcliffe); Upnit K. Bhati (Orrick Herrington & Sutcliffe); Eleonore Ofosu-Antwi, Liza M. Walsh, and Mark D. Haefner (Walsh Pizzi O’Reilly & Falanga); Jonathan Z. King (Cowan, Liebowitz & Latman)
For defendant: Aubrey N. Pittman; Karen A. Confoy (Fox Rothschild); Allison L. Hollows (Fox Rothschild); Robert S. Tintner (Fox Rothschild); Christopher R. Kinkade (FisherBroyles)
Case number: 20-2813 & 20-2900

Potential Laches Defense to Trademark Infringement Where Reasonable Party Should Have Inquired into Whether National Advertising Was Reaching into Party's State

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