IP & Media Law Updates

2/8/2023 5:04:10 PM

Fast-Fashion Brand Zara Alleges "Massive Scam"

By Regina Gerhardt

Fashion retailer Zara—which is often accused of copying other brands' designs—has now filed its own copyright infringement lawsuit...

3/31/2022 12:50:21 AM

Does VARA Prevent an Institution From Obscuring a Visual Work That Some People Find Offensive?

By Edward H. Rosenthal

What happens if an institution decides to obscure a work of art on the ground that that it is offensive and unworthy of continued...

12/22/2021 11:11:58 PM

Instagram Strikes Again: Users Can Now Disable Embedding

By Craig Whitney

The embedding saga continues. The right to embed another's photo or video that was posted on social media has been one of the most hotly...

12/12/2021 11:05:13 PM

An End-of-Year Update: Borat, Liebowitz, the Houston Astros and the Vineyard Porn Case

By Edward H. Rosenthal

As we approach the end of 2021, here is an update on a few of the cases and matters I have blogged about over the past year or so. In...

4/2/2021 4:51:02 PM

Can a New Copyright Registration Bypass Skidmore?

By Nicole Bergstrom

How does a copyright plaintiff solve a problem like Skidmore? As many readers will recall, in March 2020 (which feels like far more than...

3/15/2021 5:41:00 PM

Taylor Swift Fights Back!

By Edward H. Rosenthal

Last month, I blogged about a suit filed against Taylor Swift by Evermore Park, a Utah-based "immersive experience theme park." That...

12/1/2020 12:04:53 AM

Breaking News: Liebowitz Suspended in the SDNY

By Edward H. Rosenthal

This just in: The Committee on Grievances for the Southern District to New York issued an order today suspending Richard Liebowitz from...

8/27/2020 12:00:00 AM

Word To Politicians: "Please [Do] Stop The Music"

By Mma Afoaku

1932: "Happy Days Are Here Again" - Franklin Roosevelt (first presidential candidate to use a pre-existing popular song for a campaign)...

7/9/2020 1:28:47 AM

Your Vineyard Tenants Made Porn Movies in Your House? Sue them for Copyright Infringement!

By Edward H. Rosenthal

Imagine you own a nice house on Martha's Vineyard, you decorate it with your own art and furniture, and you decide to rent it out for a...

6/30/2020 12:00:00 AM

Court sanctions Liebowitz $103K! Requires service of a copy of the order on all of his clients and filing in all of his cases!! But can the Court do that?

By Edward H. Rosenthal Tyler Maulsby

If you heard a collective gasp last Friday, it could have been caused by the latest news about prolific copyright infringement filer...

6/17/2020 12:00:00 AM

Duke Nukem and the Dangers of Acquired IP in Serial Game Development

By Frankfurt Kurnit Klein & Selz

Serial development of video game IP is almost as old as the video game industry itself. From Pong Doubles (Atari’s 1973 follow-up...

6/14/2020 7:32:16 PM

Not So Fast: Ninth Circuit Reverses Attorneys’ Fees Award for Voluntary Dismissal of Copyright Complaint

By Matthew Samet

Last Thursday, the Ninth Circuit held in an unpublished opinion, Criminal Productions, Inc. v. Cordoba, that a defendant is not entitled...

6/7/2020 3:02:45 PM

Do You Like The Creepy Dolls Horror Subgenre?

By Vish Mohan

On May 28, 2020, the Central District of California dismissed with prejudice a case—Gregorini v. Apple Inc. et al.—brought by...

6/7/2020 12:00:02 AM

Two SDNY Courts Post Opposite Conclusions on Instagram Fair Use

By Matthew Samet

On the heels of a stream of copyright lawsuits based on republication of copyrighted images from “embedded” Instagram posts, the U.S....

6/1/2020 6:57:26 PM

Inaccuracies in copyright registration doom fabric designer’s big jury verdict against H&M

By Jeremy Goldman

Unicolors. Inc. v. H&M (9th Cir. May 29, 2020) On May 29, 2020, the Ninth Circuit dealt a big blow to fabric designer Unicolors,...

5/11/2020 3:42:01 PM

Jerry Seinfeld Gets To Keep Driving Comedians In Cars Getting Coffee*

By Vish Mohan

Episode 1: Revving the Engine. The show begins with a close-up shot of a person starting a car, quickly highlighting the engine’s purr...