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SDNY: YouTube Sublicenses Embedding, But Copyright Concerns Linger

Copyright Lately

On the same day last week, federal judges in the Southern District of New York issued a pair of decisions that highlight the persistent legal uncertainty publishers and websites in the Second Circuit face when embedding content from social media platforms. Townsquare Media, Inc. Townsquare Media, Inc. In Richardson v.

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Lawsuit Claims Pooping Puppies Puzzle Smells Like Copyright Infringement

Copyright Lately

But number 1 when it comes to number 2 is a new copyright infringement lawsuit filed this week over a jigsaw puzzle called “101 Pooping Puppies.” This case involved an infringement claim brought by artist Saul Steinberg , who drew the image for The New Yorker magazine cover on the left. Columbia Pictures.

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Paramount Flies Clear of Copyright Turbulence in “Top Gun” Lawsuit

Copyright Lately

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. Hit me up in the comments below or on your favorite social media app @copyrightlately. As always, I’d love to know what you think.

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Court to Revisit Fair Use in Tattoo Infringement Case

Copyright Lately

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Fifteen minutes of fame, meet permanent ink. A Los Angeles federal judge is set to decide the impact of the Supreme Court’s recent decision in Andy Warhol Foundation v.

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Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Technology & Marketing Law Blog

In a November ruling, a magistrate judge notes that the lawsuit appears to be the first of its kindone in which a social media influencer accuses another influencer of (among other things) copyright infringement based on the similarities between their posts that promote the same products. Sydney Nicole LLC v.

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Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

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Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement 

LexBlog IP

By 2016, JSC had created a well-known market for its high-end furniture—JSC had received awards for its furniture, pieces were highlighted in magazines and on social media, and pieces were regularly featured at furniture trade shows.

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