News & Analysis as of

Declaratory Judgments Copyright Copyright Infringement

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

ArentFox Schiff

Slowly Resolving the Uncertainty Surrounding Tattoos and Copyright Law: Solid Oak Sketches V. 2k Games and Take-Two

ArentFox Schiff on

Although it is generally accepted that tattoos are copyrightable, one of the only definitive judicial statements on the issue came by way of a preliminary injunction hearing in 2011 involving Mike Tyson’s famous tribal face...more

Robins Kaplan LLP

Who Owns Truth Hurts?

Robins Kaplan LLP on

Sometimes the truth hurts – but what is the truth here? On October 23, Melissa Jefferson, professionally known as Lizzo, filed a lawsuit in the United States District Court in Los Angeles seeking a declaratory judgment...more

McDermott Will & Emery

Declaratory Judgment Action for Copyright Infringement Can Proceed Even If Defendant Doesn’t Own Registration

McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit held that federal courts have jurisdiction to hear a declaratory judgment action for injunctive relief involving the Copyright Act even where the defendant does not have a...more

Robins Kaplan LLP

Tyler the Creator Sued for Copyright Infringement

Robins Kaplan LLP on

Rapper Tyler, the Creator (“Tyler”), is facing a lawsuit for copyright infringement, which alleges he illegally sampled a 1971 soul song, “Why Can’t There Be Love,” in his 2015 hit, “Deathcamp.” ...more

Dorsey & Whitney LLP

Court Finds Copyright DJ Action against Music Rights Holder Slightly Out of Tune

Dorsey & Whitney LLP on

Does a demand letter from a music rights holder that alleges “millions of instances of infringement” create a case in controversy with the recipient? You may be inclined to answer with an emphatic “of course!”...more

Weintraub Tobin

Court Provides Fair Use Guidance On YouTuber’s Use of Viral Video

Weintraub Tobin on

This copyright case pitted two big YouTube content brands against each other over issues of fair use. On one side is Equals Three, LLC, a YouTube content studio and channel created and owned by Ray William Johnson, an early...more

Faegre Drinker Biddle & Reath LLP

Evoking or Infringing? Thicke Seeks DJ against Gaye Estate

Last week, Robin Thicke was among several plaintiffs who “reluctantly” (you don’t often see that word used in a complaint like this) filed a declaratory judgment action against defendants including Marvin Gaye estate seeking...more

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