USA
USA – Ninth Circuit Affirms Dismissal of Drag Queen’s Claim Against Netflix
Lance Hara, a “well-known Drag Queen in Hollywood” professionally known as Vicky Vox, sued Netflix. The suit concerned Netflix’s use of Vox’s likeness and persona (but not her name) in an animated series,More
Bartz v. Anthropic PBC
In the last week, two different federal district judges in the Northern District of California issued rulings in the first substantive decisions addressing whether use of extensive copyrighted material to train generative AI models is permissible fair use.More
Delaware – August 1 deadline for businesses to preserve DBA names on a statewide basis
Prior to a new law enacted this year, companies that wanted to register DBA names in Delaware had to do so in each county they wanted to use them in,More
USA – U.S. District Court for the Southern District of New York allows NY Times AI case to go forward; denies motion to dismiss case as time-barred.
The New York Times Company v. Microsoft Corporation – Civil Action No. 23-cv-11195 (SHS) (April 4,More
USA – U.S. Supreme Court: Successful trademark infringement plaintiff cannot recover profits from a non-party affiliate of the defendant.
Dewberry Group, Inc. v. Dewberry Engineers Inc., No. 23-900, February 26, 2025.
Dewberry Engineers owns a registration for DEWBERRY for real estate services.More
The United States District Court for the Southern District of New York recently issued opinions dismissing Xu vs. Reuters News & Media Inc. (putative class action) and Gabrielli v. Insider, Inc., cases in which plaintiffs asserted claims for illegal use of a pen register under the California Invasion of Privacy Act (“CIPA”),More
To date, comprehensive U.S. state privacy laws, with limited exception, do not provide private rights of action. Enterprising plaintiffs’ lawyers, however, have invoked the federal Video Privacy Protection Act (“VPPA”) with increasing frequency as an alternative method to bring individual and class action privacy-related claims against companies that disclose the viewing history of consumers who have accessed video content on their websites.More
Fross Zelnick is excited to announce that Tamar Niv Bessinger, Alejandra Camacho Luna, and Alexandra Lenczewski have been featured on Lexis’ Practical Guidance: Fashion Law. The practice note provides valuable guidance on intellectual property issues in the fashion industry, including trademarks, trade dress, copyright, and design patents.More
Happy to report that our litigation partner David Donahue and our associate Parker Eudy were among the co-authors of an amicus brief for the International Trademark Association (INTA) arguing that the USPTO’s rejection of the mark TRUMP TOO SMALL under Section 2(c) of the Lanham Act should be upheld,More
On May 9, the Supreme Court held, in a 6-3 decision authored by Justice Kagan, that a copyright infringement plaintiff may recover damages that occurred far more than three years before a lawsuit’s filing.
The Copyright Act provides a three-year statute of limitations from the date the infringement “accrued.” Under the so-called “discovery rule,” a claim accrues when “the plaintiff discovers,More