As we suspected, the “Dumb Starbucks” store in Los Angeles claiming a right to copy Starbucks’s logo and store design by relying on fair use turned out to be a prank after all (bolstered, as I did not realize yesterday by the fact that despite what the store said about selling coffee, they were actually… Continue Reading
Category Archives: Trademark
Subscribe to Trademark RSS FeedIs “Dumb Starbucks” an Art Gallery in the Eyes of the Law?
Posted in Copyright, Intellectual Property, TrademarkNews that a coffee shop had opened in Los Angeles entitled “Dumb Starbucks” has again raised the proper interpretation of fair use under U.S. intellectual property law into the realm of popular culture and commerce. Whereas last year’s Beastie Boys/GoldieBlox dustup (still ongoing) revolved primarily around copyright law, here the potential issue is one of… Continue Reading
IBA Annual Conference Starts Today in Boston
Posted in Copyright, Events, Intellectual Property, TrademarkI’ll be at the International Bar Association Conference all week here in Boston, starting tonight. Among others, I’m looking forward to the sessions below (the first featuring my partner at Sullivan & Worcester, Laura Steinberg, the trademark panel featuring my partner at Sullivan & Worcester Kim Herman, and others given by the Art, Cultural Institutions… Continue Reading
They’re “Gonna Work it Out, Bye Bye”—The Velvet Underground and Warhol Foundation Settle Banana Trademark Case
Posted in Copyright, Trademark, UncategorizedThe Velvet Underground and the Warhol Foundation for the Visual Arts have settled their lawsuit over the right to control iconic “banana” image from the cover of the 1967 legendary The Velvet Underground and Nico album. An earlier September 7, 2012 ruling for the Warhol Foundation finding that that the Velvet Underground had agreed not to sue… Continue Reading
Velvet Underground’s Copyright Claim Against Warhol Foundation is Dismissed, Trademark Case Goes On
Posted in Copyright, Intellectual Property, TrademarkThe U.S. District Court in Manhattan has dismissed the copyright claim filed by the Velvet Underground against the Warhol Foundation for the Visual Arts over the iconic “banana” image from the cover of the legendary The Velvet Underground and Nico album. Without reaching the merits of the claim, the court ruled that the Velvet Underground had… Continue Reading
Resale Royalty Legislation Revived
Posted in Copyright, Intellectual Property, Legislation, Resale Royalties, TrademarkPicking up a torch last carried by the late Sen. Edward Kennedy, lobbying efforts are underway to enact into U.S. federal law a droit de suite right enjoyed in the U.K. and elsewhere, that is, a right for an artist to be compensated upon subsequent sales of his or her work. American law has long… Continue Reading
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