Once upon a time, cheerful New York commuters’ eyes brightened when their trains approached a certain section of track. Out of the rust and gravel a vast tableau of incredibly detailed aerosol art stood out. It was called 5Pointz, and it was never meant to last forever — but that did not mean it was…
In City of New York v. Blue Rage Inc, a mom-and-pop clothing store was sued for trademark violations by the City of New York. The Cop Shop, located in Massapequa, Long Island, is the culmination of former transit policeman Salvatore Piccolo’s dream to serve the law enforcement community even in retirement. In addition to providing regulation…
The first thing you’re likely to notice about Sony Music and Entertainment, et al. v. Cox Communications, Inc. et al. is the sheer number of corporate plaintiffs — 53 in total. They’re all members of the Recording Industry Association of America (RIAA), who joined in suing internet service provider Cox Communications for copyright infringement. After filing in…
Once upon a time, long before the National Football* League owned a whole day of the week, the first Super Bowl was played on January 15, 1967. A young broadcaster named Frank Gifford helped call the historic game for millions of people watching on CBS and NBC affiliates. Considering its instant success, one would think…
How do you anger a judge? First, lie to her about why you missed a court date. Then, accuse her of “usurpation of judicial authority” or “a breach of judicial decorum.” That language was among many bad decisions made by attorney Richard Liebowitz in a copyright infringement case over which the Hon. Cathy Seibel in the Southern…
Taylor Swift is known for aggressively protecting her intellectual property as a songwriter, but in Hall v. Swift she found herself on the defensive. Pop artists Sean Hall and Nathan Butler alleged Swift infringed on the lyrics to their best-known song, “Playas Gon’ Play,” in her song, “Shake It Off.” Hall and Butler: “Playas, they gonna play,…
The Southern District of New York recently resolved yet another case of models suing “gentlemen’s” clubs for various intellectual property claims. Gibson et al. v. SCE Group, Inc. et al. was brought by the same attorneys who initiated similar suits in 2016. In this case, 20 models brought an action against two strip clubs for using photos of…
What a long and winding road it’s been trying to decode the U.S. Patent and Trademark Office’s Examination Guide 4-19, its subsequent revision, and the further revisions that are likely to come. When the original version of 4-19 came out on August 3rd, it caused an uproar in the trademark law community, mostly because of a…
It seems lately that ignorance can do a lot for you — but willful ignorance won’t save you from being held liable for contributory infringement. That’s what the defendants in Luxottica GROUP, S.p.A., v. Airport Mini Mall, LLC learned recently in the 11th Circuit Court of Appeals. Originating in the District of Georgia, Airport Mini Mall (AMM)…
In Preston Wood v. RZ Enterprises, the Digital Millennium Copyright Act (DMCA) brought the house down. Architectural firm Preston Wood entered into an agreement with real estate developer RZ Enterprises in which Preston Wood produced architectural plans for a multi-building residential development. Then, much to Preston Wood’s chagrin, RZ Enterprises used a different architect. They not…