Once again, Congress is considering strengthening copyright laws. More specifically, a bill has been introduced to require large auction houses to pay a royalty to artists who own the copyright in a work sold at auction. A similar law already exists in California, but it is difficult to enforce, and its Constitutionality is questionable. The [...]
The Sports Blawg with the Fordham Sports Law Forum Penn State football dates back to 1887 and its pigskin program is one of the most honored and accomplished in National Collegiate Athletic Association history. Two consensus national championships, seven undefeated seasons, 22 inductees in the College Football Hall of Fame, 43 bowl game invitations, and [...]
Okay, okay, last week in the Supreme Court. A week ago, Monday, the Supreme Court heard petitions for certiorari on two cases involving section 109(a) of the Copyright Act, which codifies the first sale doctrine. The first sale doctrine provides a defense against a copyright infringement action for the the resale of a copyrighted good [...]
This time, Derek Lam has thwarted Ivanka Trump’s “Cadie” wedge, which Mr. Lam has found to be identical to his Ayami sandal. Women’s Wear Daily reports that Lam’s attorneys have sent a cease and desist letter to Ivanka Trump footwear and its licensee, Mark Fisher Footwear, arguing that consumers may be confused by the similarity [...]
On Thursday, December 15, Congress introduced a bill that would require large art auction houses, like Christie’s and Sotheby’s, to pay a 7% royalty on artwork sales over $10,000. The new bill would only affect artwork by living artists and dead ones whose work is not yet part of the public domain (this takes 70 [...]
Get real. That’s the holiday greeting that the White House is sending eager shoppers hitting the streets, and the Web, in search of the best holiday deals. It’s a sentiment echoed by the countless retailers, designers and manufacturers who lose billions of dollars every year due to the sale of counterfeit goods. According to a [...]
The Sixth Circuit Court of Appeals is now deciding whether or not Maker’s Mark has a valid trademark for its wax seal. Diageo North America and Casa Cuervo of Mexico, makers of Reserva Tequila, which uses a similar wax seal, argue that using a wax seal would not lead to customer confusion between their tequila and bourbon [...]
Not even an action for copyright infringement can stop Hollywood juggernaut Angelina Jolie from dominating the big screen. Jolie was sued by a Croatian journalist who claims that Jolie stole from his 2007 book for the plot of her film, “In the Land of Blood and Honey,” which tells the story of an abused woman [...]
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