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June 25, 2024 | New York Law Journal

Record Labels: Generative AI Has Wrought 'Infringement on an Almost Unimaginable Scale'

The lawsuits are believed to be the first in which music companies have sued AI companies for actual songs, as opposed to written lyrics.
3 minute read
June 25, 2024 | National Law Journal

Record Labels: AI Has Wrought Copyright 'Infringement on an Almost Unimaginable Scale'

The lawsuits are believed to be the first in which music companies have sued AI companies for actual songs as opposed to written lyrics.
3 minute read
May 16, 2024 | New York Law Journal

Supreme Court Resolves Split Regarding Copyright Damages

The Supreme Court recently resolved a question regarding copyright actions that has generated conflicting results in the Courts of Appeal for years, but as a forceful dissent pointed out, it left open a more fundamental issue that could render the entire question moot.
10 minute read
Kars 4 Kids Inc. v. Am. Can!
Publication Date: 2024-05-06
Practice Area: Intellectual Property
Industry: Non-Profit
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Fisher
Attorneys:
For plaintiff: Upnit K. Bhatti (Orrick Herrington & Sutcliffe); Alexandra Bursak and Christopher Cariello (Orrick Herrington & Sutcliffe); Marc D. Haefner (Walsh Pizzi O'Reilly & Falanga); Jonathan Z. King (Cowan Liebowitz & Latman)
For defendant: Karen A. Confoy and Corinne M. Trainor (Fox Rothschild); Christopher R. Kinkade (Pierson Ferdinand); Aubrey N. Pittman (The Pittman Law Firm)
Case number: 23-1273 & 23-1281

District Court Erred by Not Applying Presumption of Laches in Lanham Act Claim and Shifting Burden of Proof to Opposing Party

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

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