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Copyright in Ecommerce: Conquering Fraudulent Advertising

  • BlogCopyrightIntellectual PropertyProducts LiabilitySocial Media
  • ByEliane Aini
  • OnFebruary 28, 2022
Business owners have a lot to consider when starting a business. Competing with themselves should not be something they need to think about. However, for businesses dealing with counterfeiters, this is exactly what is happening. Counterfeit products are not new…

Miramax v. Tarantino: Decoding A New Age of Intellectual Property Rights

  • Art Law & Cultural PropertyBlogContractsCopyrightData LawIntellectual Property
  • ByRaven Berzal
  • OnFebruary 21, 2022
Non-fungible tokens, or NFTs, are “unique files that live on a blockchain and are able to verify ownership of a work of digital art.” They are essentially digital assets that represent a unique object—typically art, music, videos, or games. An…

Contributory Infringement and Dupe Influencers

  • Art Law & Cultural PropertyBlogCopyrightData LawIntellectual PropertyProducts LiabilityTrademark & Unfair Competition
  • ByAlbert Aini
  • OnFebruary 21, 2022
Influencers get paid a lot to advertise products on their platforms. Companies realize an opportunity to advertise through influencers to reach their impressionable followers. Dupe influencers promote counterfeit goods by sharing links and or reviewing them. Their marketing is effective–a…

The ‘MetaBirkin’ and the Beginning of Trademark Litigation in the NFT Space

  • Art Law & Cultural PropertyBlogCopyrightData LawFashion LawIntellectual Property
  • ByCaitlin Muraca
  • OnFebruary 14, 2022
When one thinks of art, one generally thinks of something physical. That isn’t the case anymore as non-fungible tokens, or NFTs, are breaking down such notions. NFTs are completely digital, “you can’t touch it, but you can own it.” For…

Custom Characters that Look Exactly Like You: Misappropriation or Creative Take?

  • BlogCopyrightCyberlawData LawIntellectual PropertyTrademark & Unfair Competition
  • ByOlivia Yoon
  • OnFebruary 14, 2022
Imagine yourself playing Grand Theft Auto. In the spirit of the game, you go rampaging through the city only to find you’ve ran over a pedestrian that looks exactly like you. Would you feel shocked? Angered? Bemused? The chance of…

What is the Value of Art? MSCHF Creating Value by Destruction

  • Art Law & Cultural PropertyBlogCopyrightMedia LawTrademark & Unfair Competition
  • ByKelsey Clifford
  • OnNovember 24, 2021
What is the value of art? Is it how it looks? Is it the artist who created it? Or is it how much it will appreciate in the future? MSCHF (pronounced “mischief”), the Brooklyn-based art collector, is challenging the “capital-A…

The Hypocrisy of Facebook: Facebook’s Failure to Comply with Their Own Proposal

  • BlogCopyrightData LawInformation LawIntellectual PropertySocial MediaTechnology
  • ByCaitlin Muraca
  • OnNovember 17, 2021
Section 230 of the Communications Decency Act (“CDA”) immunizes social media platforms, like Facebook, from liability of third party content. In other words, Facebook can’t be held liable for defamatory or offensive content posted by its users. In many ways,…

Peloton Is Climbing The Music Streaming Service Leaderboard After 2020 Settlement with NMPA

  • Art Law & Cultural PropertyBlogCopyrightIntellectual Property
  • BySeth Warshaw
  • OnNovember 10, 2021
In a 2019 statement, Peloton’s co-founders stated their desire to have the company serve as “a discovery resource for new artists and songs while also providing the opportunity for [their] Members to re-discover music they love.” However, this statement came…

Don’t “Just Do It”: Upscaling and Trademark Infringement

  • BlogCopyrightFashion LawIntellectual PropertyPatent LawProducts LiabilityTrademark & Unfair Competition
  • ByPearl Hertz
  • OnNovember 1, 2021
On March 29, 2021, the famous rapper, Montero Lamar Hill, more commonly known as Lil Nas X, released a highly anticipated limited-edition sneaker collaboration with the Brooklyn-based company, MSCHF Product Studio Inc. (“MSCHF”). Coming in at $1,018 a pair, the…

Nye vs. Disney: Applying Legacy Profit Participation Contracts to the Digital Age

  • Art Law & Cultural PropertyBlogContractsCopyrightEntertainment LawIntellectual PropertyMedia Law
  • ByRaven Berzal
  • OnOctober 20, 2021
Many television shows that have concluded and/or gone off the air have found second lives via streaming services. “Friends” and “Sex & the City,” which both aired their last episodes in 2004, are available on HBO Max. “Seinfeld,” which concluded…

Always Online DRM and Video Games

  • Art Law & Cultural PropertyBlogCopyrightData LawInformation Law
  • ByOlivia Yoon
  • OnSeptember 27, 2021
Digital rights management, or DRM, allows copyright holders to utilize technology to protect their digital files from unauthorized use. The technology used “controls access to content on digital devices” and “[i]deally . . . should equally protect the content owner’s,…

Olivia Rodrigo Retroactively Adding Songwriters: A Result of Bad Copyright Law?

  • BlogCopyrightEntertainment LawMedia LawMusic Law
  • ByAlbert Aini
  • OnSeptember 27, 2021
Olivia Rodrigo and her co-writer, Daniel Nigro, have retroactively given songwriting credits to artists they assert inspired parts of, or the essence of, their hit songs ‘good 4 u’ and ‘deja vu.’ The process of giving retroactive songwriting credit, in…
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    • Diamond Anniversary: 75 Years of the Lanham Act
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    • The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics
    • 25 Years of Section 230: Retain, Reform, or Repeal?
    • Piracy Paradox in an Era of Disruption
    • Diamond Anniversary: 75 Years of the Lanham Act
    • Trophies for the Empire
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      • 3D Printing and Beyond
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