Podcast: The Briefing by the IP Law Blog - Prince Estate Wants Winery's 'Purple Rain' Trademark Back in the Bottle
The Briefing by the IP Law Blog: Prince Estate Wants Winery's 'Purple Rain' Trademark Back in the Bottle
The legislature of New York’s Nassau County passed a law on Monday to ban women’s and girls’ sports teams from using sports facilities in the county on Long Island unless they exclude transgender girls and women from playing....more
Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...more
In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law...more
Picasso said: “good artists borrow, great artists steal.” Or maybe he took the phrase from someone else. In any case, the US Supreme Court has again confounded the legal world by upending expectations, if not years of...more
On May 18, 2023, the U.S. Supreme Court released its long-awaited opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. In 1981, rock and roll photographer Lynn Goldsmith photographed the...more
In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without...more
The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will...more
On May 18, in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the U.S. Supreme Court considered which “use” of a derivative work is relevant for applying the first statutory factor of the fair-use doctrine. The...more
On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023). The 7-2...more
The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more
The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not...more
In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the...more
In a precedential decision, the Trademark Trial & Appeal Board (Board) granted two opposers’ motions for partial judgment on their claim of false suggestion of a connection under Section 2(a) of the Trademark Act based on a...more
The United States Supreme Court granted certiorari to review the Second Circuit’s inconsistent application of the fair use doctrine when it comes to copyrighted art. The case at issue assesses whether the infamous “Prince...more
The Supreme Court granted a petition for writ of certiorari filed by the Andy Warhol Foundation for the Visual Arts that arises from a copyright infringement action filed by photographer Lynn Goldsmith, who took the photos of...more
On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s...more
Following a twenty-seven year drought of copyright fair use cases, the Supreme Court is now set to take on its second case on the doctrine in two years. The high court granted a petition this week in Andy Warhol Foundation...more
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. ...more
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”...more
An important decision by the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, Case No. 19-2420-cv (2d Cir. Mar. 26, 2021), has, in important respects, upended how the defense of fair use is...more
This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the...more
Earlier this month, in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 17-cv-2532 (S.D.N.Y. July 1, 2019), a New York district court granted the Andy Warhol Foundation for the Visual Arts’ (“AWF”)...more
The probate proceedings for the estate of the late musical artist, Prince Rogers Nelson, have been repeatedly profiled in the national news for a variety of reasons. Here are some digital age strategies for dealing with...more