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Articles by Carlianna Dengel
Knockoffs, Infringing Products And Counterfeits
In the dazzling world of haute couture and high-end fashion, the allure of luxury goods and logos has always been tantalizing. Yet, as coveted as these items are, their prices often place them out of reach for the average consumer. Enter the shadowy realm of luxury counterfeiting—a phenomenon as old as the concept of fashion itself.
Unraveling Copyright's Discovery Rule: A Supreme Court Saga
In February 2024, the Supreme Court heard oral arguments on a case that could have far-reaching implications for individuals and entities that own or use copyrighted works. The case of Warner Chappell Music, Inc. v. Nealy, addresses the important, unresolved issue of whether the copyright discovery rule places a time limitation on the recovery of damages.
What Is An Office Action?
Whether you're interested in protecting a well-established brand or you're starting a new business, filing a trademark application can be a very exciting and positive step toward protecting your intellectual property. The trademark application process, however, can be tricky. There is often the risk that the United States Patent and Trademark Office ("USPTO") will issue an office action in response to an application for trademark protection.
Does New York Protect Against The Distribution Of Deepfake Pornography?
The use of deepfake technology to create nonconsensual explicit content, commonly known as "deepfake porn," has raised serious privacy, consent, and legal concerns. Deepfake porn involves creating fake sexually explicit media using someone's likeness. Celebrities like Taylor Swift and even high school students have been victims of the distribution of deepfake pornography, emphasizing the concerning nature of this technology.
Appreciation Or Appropriation? Possible Copyright Infringement By The Hands Of Tattoo Artist Kat Von D
Tattoos serve as a means of self-expression, showcasing one's autonomy over their body. Numerous individuals opt for specific tattoos due to their significance and link to significant pop-culture instances, such as a celebrity depiction, a beloved TV show character, or an insider reference. This was the case when Kat Von D tattooed a portrait of Miles Davis on a former colleague's body. The photographer who took the photo of Davis in 1989, Jeffrey B.
ELVIS Act Strikes A Chord: Tennessee's Tune-Up Against Deepfakes In The Music Industry
As uses for artificial intelligence continue to develop, so too do public concerns about their more nefarious applications. Since at least 2017, voices and images of celebrities have been manipulated in hyper-realistic videos, known as deepfakes. Deepfaking occurs when artificial intelligence is used to create deceptively realistic images, audio and video, resulting in what some people call "synthetic media" because of its artificial yet believable form.
Should You Hire A Film Sales Agent?
In order to gain an audience, films are distributed across the world. Films that are backed by a major studio do not have to worry about finding distributors, but what about independent films? This is where a film sales agent can be beneficial. A film sales agent acts as the intermediary between an independent film producer and distributors. Film sales agents use their relationships with distributors to negotiate distribution deals on behalf of these independent filmmakers.
Can Fiduciary Obligations Be Waived In California?
A "fiduciary" is someone who has an obligation to act in the best interests of another person or entity. These duties can be established either by law or by the nature of the relationship itself. They typically arise when one party must place their trust and reliance on another to exercise sound judgment.
OpenAI Faces Legal Battle From Authors Over Alleged Copyright Infringement - Copyright - United States
On September 19, 2023, OpenAI found itself entangled in yet another legal dispute as a group of prominent authors, including Jonathan Franzen, John Grisham, George R.R. Martin, Jodi Picoult, and several more filed a complaint against the company. The authors, represented by the Authors Guild, accused OpenAI of copyright infringement under the Copyright Act.
When Must California Employers Pay Their Employees For Unused Paid Time Off?
Getting paid for sick, personal or vacation days is a valuable employee benefit. California provides employees living in the state with the right to paid time off (PTO) under its paid sick leave acts. While the state does not require paid vacation days, it does place some restrictions on employers who provide employees with vacation days.
How To Prepare Your Business For Sale In Los Angeles
Verifying and determining the value of your business is a crucial first step when you are preparing to sell a business.
Understanding The Relationship Between Artists And Art Dealers
Artists and dealers have a unique relationship. After creating a work of art, artists commonly give that piece to an art merchant to exhibit, and, sometimes, sell on their behalf. However, confusion often surrounds the dealer's responsibilities and the terms required in consignment agreements. Protecting artists in their business with art dealers is a longstanding legal responsibility, especially in one of the greatest global art capitols, New York.
Are You An At-Will Employee: California
Employment in most states is generally presumed to be "at-will." That means a private-sector employer can terminate an employee for any reason at any given time, absent an employment agreement to the contrary. An employee is also free to quit a job for any reason without notice. While this is the general rule, there are exceptions that employers and employees should understand to avoid incurring legal liability. WHY IS IT IMPORTANT TO KNOW WHETHER YOU ARE AN AT-WILL EMPLOYEE?
Can I Record A Conversation In California?
There are various reasons you may want to record a conversation, especially if you are involved in a dispute. However, federal and state laws vary as to the legality of recording a person without their consent. Similarly, different states have different rules about whether a recorded conversation may be admitted into evidence, in the case of a civil litigation or other proceeding. For instance, the rules in states like Florida are much more restrictive than New York and New Jersey.
Why Did Jack Daniel's Win Over Bad Spaniels At The Supreme Court? - Trademark - United States
Not all parodies are protected by the First Amendment. The Supreme Court, in its June 8, 2023, opinion in Jack Daniel's v. VIP Products, unanimously held that VIP Products' dog toy, which had the same bottle shape and used much of the same label design featured in Jack Daniel's whiskey bottle and label-both of which are trademarked-was not a fair use parody and, therefore, constituted both infringement and dilution of Jack Daniel's trademarks.
United States: Can You Trademark A Personal Name?
Naming a business after one’s personal name can be a popular choice, but it is important to consider the legal implications of doing so. In order for a personal name to be eligible for trademark protection, it must meet certain criteria. A trademark is a word, phrase, symbol, or design that identifies a brand and distinguishes it from other parties’ goods or services. Although personal names seem like they would be ideal for trademark protection, a mark must be distinctive to be trademarkable.
Can You Trademark A Personal Name?
Naming a business after one's personal name can be a popular choice, but it is important to consider the legal implications of doing so. In order for a personal name to be eligible for trademark protection, it must meet certain criteria. A trademark is a word, phrase, symbol, or design that identifies a brand and distinguishes it from other parties' goods or services. Although personal names seem like they would be ideal for trademark protection, a mark must be distinctive to be trademarkable.
Is Breach Of A Licensing Agreement Considered A Breach Of Contract Or Copyright Infringement?
Licensing agreements are common, often entered into in business contexts to obtain permission to use someone's intellectual property, or in a consumer setting relating to software or online subscription services. However, when a licensing agreement is breached, it can be unclear whether the breach should be treated as a breach of contract or copyright infringement. The difference matters, as each claim allows for different damages a successful plaintiff can recover.
Key Differences Between Agents And Managers
If you are working in the entertainment industry, whether as an actor, musician or another kind of talent, it is likely that you have come across both talent agents and managers. The responsibilities of agents and managers may sometimes overlap, but it is important, especially for talent, to understand what each can offer and how they're regulated by certain laws. ROLES AND RESPONSIBILITIES Agents primarily focus on representing talent in seeking and securing employment.
Can Social Media Influencers Be Liable For Trademark Infringement?
Promotion by social media influencers has become an increasingly popular avenue for brands to market their products. This marketing technique is a win-win situation for both parties, as influencers can earn a significant amount of money and brands can get their products in front of large, targeted audiences. However, this method of advertising comes with certain risks, including potential liability under advertising, unfair competition and trademark laws.
Jack Daniel's Trademark Case At Supreme Court – Free Speech Or Trademark Infringement? - Trademark - United States
If someone makes humorous use of your trademark on their own commercial product, can you sue them for trademark infringement or are they entitled to the First Amendment's free speech protection? In the case of Jack Daniel's Properties v. VIP Products, the U.S. Supreme Court is currently deliberating whether the humorous use of a trademark on a commercial product constitutes trademark infringement or is protected under the First Amendment's right to free speech.
Can A Force Majeure Clause Protect Studios During The WGA Strike?
On May 2, the Writers Guild of America (WGA) began a nationwide strike after contract negotiations with the Alliance of Motion Picture and Television Producers (AMPTP) broke down. The strike has brought film and television productions to a screeching halt. Some production companies have started to put their partners on notice that this strike is triggering a force majeure clause.
Everything You Need To Know About The NFL Investigation
On May 4th, California and New York attorneys general Rob Bonta (CA) and Letitia James (NY) announced a joint investigation into the NFL which will focus on workplace discrimination and hostile work environment. So far, AGs Bonta and James have issued the NFL and its executives a subpoena seeking information related to possible federal and state pay equity and anti-discrimination laws. Brian McCarthy, chief spokesman for the NFL, has said that the league will cooperate with the investigation.
Why Ed Sheeran Won: Not All Copying Constitutes Infringement
Ed Sheeran has recently emerged victorious in a recent copyright lawsuit brought by the estate of songwriter Ed Townsend, co-author of Marvin Gaye's hit song "Let's Get It On." The lawsuit alleged that Sheeran's hit song "Thinking Out Loud" copied key elements of the Gaye song, the harmonic progression and melodic and rhythmic elements that plaintiffs claimed constitute the "heart" of the song.
EXPERT INSIGHTS-THE FTC WANTS TO BAN NON-COMPETES: WHAT THAT MEANS FOR YOU
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EXPERT INSIGHTS—The FTC wants to ban non-competes: What that means for you
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