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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
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
January 23, 2023 | Pro Mid Market

Who Got the Work: Actelion Pharmaceuticals US Fights RICO Class Action, Parse Biosciences Fights Patent Suit

William F. Cavanaugh Jr. and Jonah M. Knobler of Patterson Belknap Webb & Tyler and Matt Powers of O'Melveny & Myers have stepped in to represent Actelion Pharmaceuticals US Inc. in a pending civil RICO class action; Karen L. Pascale of Young Conaway Stargatt & Taylor has entered an appearance for Parse Biosciences Inc. in a pending patent lawsuit asserting three patents for single-cell sequencing technology.
3 minute read
January 10, 2023 | New Jersey Law Journal

25% Off: Judge Reduces $10 Million Disgorgement After Trademark Infringement

The case stems from two suits filed by charitable organizations with similar-sounding names—Cars for Kids and Kars 4 Kids—both of which solicit donations of vehicles that are sold to raise funds for children's charities.
4 minute read
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

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