Nancy E. Wolff – “What You Need to Know About Copyright”
CDAS partner Nancy E. Wolff joins the panel “What You Need to Know About Copyright, Licensing and Image/Footage Usage Trends” presented by Visual Connections, Wednesday, October 24, 10am, at The Altman Building, 135 West 18 Street, New York City. The panel will discuss a variety of copyright issues including fair use, orphan works, royalty free,
Louboutin v. Yves Saint Laurent: The High Stakes High Heels
On September 5, 2012, the United States Court of Appeals for the Second Circuit, in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., No. 11-3303 (2d Cir. 2012), held that a single color can be used as a trademark in the fashion industry. The highly anticipated ruling is a significant victory for the
Monge v. Maya Magazines, Inc.: A Fair Use “Telenovela”:
On August 14, 2012, the majority of the Ninth Circuit Court of Appeals, in Monge v. Maya Magazines, Inc., Nos. 10-56710, 11-55483 (9th Cir. 2012), reversed the decision of the District Court for the Central District of California and held that a tabloid’s publication of copyrighted photographs without permission was not a fair use under
Copyright Issues for Educational Institutions: Court Issues Long-Awaited Opinion in Georgia State University Copyright Infringement Case
On May 11, 2012, the U.S. District Court for the Northern District of Georgia issued its long-awaited opinion in Cambridge University Press v. Becker, No. 1:08-CV-1425-ODE (N.D. Ga. May 11, 2012) which examined one of the new ways professors and students teach and learn in the digital age. Although the court found the University’s copyright
Court Upholds Right to License Celebrity Images
This week the Ninth Circuit Court of Appeals affirmed the dismissals of two right of publicity claims against Corbis Corp. — Shirley Jones v. Corbis Corp. and Alberghetti v. Corbis Corp. In the Jones case, the court held that Shirley Jones, star of the TV show “The Partridge Family,” had given her implicit consent to
Ralph Lauren’s Famous Polo Player Put Back on his Horse
The United States Patent and Trademark Office Trademark Trial and Appeal Board recently put Ralph Lauren’s famous polo player back on his horse in granting the petition of PRL USA Holdings, Inc., a Polo Ralph Lauren Corporation subsidiary (“PRL”) to cancel the trademark registration of Thread Pit, Inc. (“Thread Pit”).
Copyright Office Weighs in on the Copyrightability of Exercise Routines and other Compilations
The Copyright Office issued a statement of policy (37 CFR Part 201), effective June 22, 2012, to clarify the practices relating to the claims in compilations, and in particular claims involving the selection of uncopyrightable subject matter. The definition of a “compilation” in Section 101 of the Copyright Act is a work formed by the
Idea Submissions: Review with Caution
This week, the Second Circuit Court of Appeals in New York, in a case captioned Forest Park Pictures v. Universal Television Network, Inc., united with the Ninth Circuit in California by holding that breach of implied contract claims based on “theft of ideas” are not preempted by the Copyright Act. In doing so, the decision
Postal Disservice: No Stamp of Approval for Just One Side of a “Hypothetical Negotiation”
Our nation’s great capitol is home to many museums, national monuments, and of course the White House. In addition to all these symbols of American history is The Column. The Column, the centerpiece of the National Mall, is a collection of nineteen steel structures commemorating Korean War Veterans. Tourists gather around these statues with their
Copyright Protection for Food – Perishable?
Kim Seng Co. v. J & A Importers, Inc., 810 F. Supp. 2d 1046 (C.D. Cal. 2011) In Kim Seng Co. v. J & A Importers, Inc., a California District Court considered the copyrightability of a food display. Kim Seng Co., (“Kim Seng”), a Chinese-Vietnam food supply company sued another Chinese-Vietnam food supplier, J &