News & Analysis as of

Copyright Copyright Litigation Trade Dress

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Loeb & Loeb LLP

Carroll Shelby Licensing, Inc. v. Halicki

Loeb & Loeb LLP on

Ninth Circuit holds that custom Ford Mustang called “Eleanor,” which appeared in four films from 1974 to 2000, is not entitled to character copyright protection under Towle test and that licensor of custom car design did not...more

Procopio, Cory, Hargreaves & Savitch LLP

Gone from Copyright: Ninth Circuit Rejects Copyright Protection for Iconic “Eleanor” Shelby Mustang

Court Narrows Scope of Character Copyright, Drawing Sharp Line Between Props and Protectable Expression - Not every film icon gets legal protection. On May 27, 2025, the Ninth Circuit ruled that Eleanor—the legendary Mustang...more

International Lawyers Network

Different Kinds of Cool That Still Just Don’t Register: Why Birkenstocks & Melted Rink Ice (AKA Water) Aren’t Copyrightable

In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon....more

McDermott Will & Schulte

Untwisting the Fixation Requirement: Flexible Rules on Moveable Sculptures

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a claim of copyright infringement for kinetic and manipulable sculptures, finding that movable structures were sufficiently...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024

Kaufman & Canoles on

Lawyers involved with a proposed multi-billion-dollar settlement of three athlete-compensation antitrust cases against the NCAA and the Power Five conferences filed documents on Thursday that included small, but potentially...more

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

ArentFox Schiff on

As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more

McDermott Will & Schulte

That’s Bananas: Third Circuit Examines Copyright Protection Under Star Athletica

McDermott Will & Schulte on

Applying the Supreme Court of the United States’ 2017 decision in Star Athletica v. Varsity Brands regarding the copyrightability of non-utilitarian sculptural design features (IP Update, Vol. 20, No. 4), the US Court of...more

Akerman LLP - Marks, Works & Secrets

The Third Circuit Goes Bananas

In Silvertop Associates, Inc. v. Kangaroo Manufacturing, Inc., the Third Circuit applied the two-part test set forth in the Supreme Court’s decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., and held that a full-body...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

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