Tag Archives: Intellectual Property

V-I-C-T-O-R-Y for the Fashion Industry: SCOTUS Establishes Uniform Test for Protection of Artistic Works Applied to Apparel

The overall design (such as the shape and cut) of a garment, bag or shoe is not protectable under current U.S. Copyright law because such items are considered “useful articles.” However, Section 101 of the Copyright Act provides protection for the “pictorial, graphic or sculptural features [of a useful article] that can be identified separately … Continue Reading

Facebook Agrees to Pay $10 Million to Settle Right of Publicity Suit

Facebook has agreed to pay $10 million and make various changes to its terms in order to settle a lawsuit alleging that the company’s Sponsored Stories violates members’ rights of publicity. With Sponsored Stories, when a Facebook member "likes" a company, checks-in at one of its stores, or performs certain other actions, that member’s profile … Continue Reading

Obama Campaign Sues Company for Trademark Infringement

Last week, President Obama’s campaign committee filed a trademark infringement lawsuit against a company for allegedly using the campaign’s trademarked “Rising Sun” logo without permission. According to the complaint, the company is “using the Rising Sun Trademarks on merchandise in a deliberate and willful attempt to draw on the goodwill and commercial magnetism of the … Continue Reading

White House Asks Retailer to Take Down Ad Featuring the President

Last week, the White House asked Weatherproof to remove a Times Square billboard that featured President Obama wearing a Weatherproof jacket in front of the Great Wall of China. According to the White House, the billboard was misleading because it suggested that the clothing was endorsed by the President and that the White House had … Continue Reading
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