Case study: when copyright, trademark infringement, counterfeiting, and state-law claims converge
Jun 09, 2011
In a complaint filed in Illinois federal court earlier this year, Coach slapped Jo-Ann Fabric and Craft Stores with just about every claim in the intellectual property playbook:
trademark infringemen...
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A non-systematic look at "sexting" case law
Jun 09, 2011
In honor of Representative Anthony Weiner, this guide will draw your attention to a few
of the more interesting judicial opinions to pop up in the swelling body
of case law on sexting:
Miller v....
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Fonts, color, and trademark protection
Jun 09, 2011
Do you consider yourself a fashion connoisseur? If so (or even if not), let's test your ability to spot the genuine Herms bag among these three:
Option 1:
Option 2:
Option 3:
Will the...
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Costumes, separability, "sweat of the brow," and copyright protection
Jun 09, 2011
In an interesting interview aired by NPR earlier this year, Dr. Howard Miller of the Creole Wild West Mardi Gras Indians
explained why he and the other artisans who spend months creating
elaborate ...
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The legal minefield of unpaid internships
Jun 09, 2011
While not exactly breaking news, the U.S. Department of Labor has fairly recently developed a renewed interest in the legality of unpaid internships. As the New York Times noted last year, wage and hou...
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So when ARE fashion designs protected by copyright, and what does it mean for me?
Jun 08, 2011
As you might already be aware, most aspects of fashion design are not eligible for federal copyright protection. But let's look at a couple of cases that show the exceptions to this rule.
In the recen...
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An introduction to secondary liability for copyright infringement (or "The RIAA goes to war")
Jun 08, 2011
If you have the slightest interest in intellectual property, or, for that matter, have been awake over the past 15 years, you are probably already familiar with The Tale of the Music Industry Against T...
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When it comes to trademarks, slow and steady loses the race
Jun 08, 2011
As I often remind my clients, in the world of trademarks, timing is (almost) everything. Slow and steady rarely wins the race here, whether the contestants are tortoises, hares, or horses:
A recent...
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An introduction to "morals"/"reverse morals" clauses (or "The downfall of John Galliano's career")
Jun 06, 2011
If you have the slightest interest in fashion, you probably saw this story in the New York Times earlier this year, about John Galliano's anti-Semitic outburst, and the subsequent fallout. What the art...
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Beware the "territorial" nature of trademark rights
Jun 02, 2011
One of the most common
misconceptions about trademark rights is the notion that one
automatically accrues rights abroad, when in fact intellectual property
rights -- trademarks, copyrights, and...
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