The principal purpose of a trademark is to identify the source of a good or a service. Holders of marks registered with the United States Patent and Trademark Office under the Lanham Act (also referred to as the Trademark Act of 1946) also acquire certain federal rights and protections. Chief among them are the exclusive right to use the mark in...
The US Supreme Court recently decided Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al. The case involved an orange silkscreen portrait of the musician Prince. “Orange Prince” was created by pop artist Andy Warhol and was derived from a copyrighted photograph taken in 1981 by Lynn Goldsmith. Orange Prince is one of 16 works which Warhol...
An earlier post reported on the New York application of the “discharge-for-value rule” with respect to a payment made in error to the creditors of Revlon by Citibank the loan administrator. In that case, In Re Citibank August 11, 2020 Wire Transfers, the District Court for the Southern District of New York applied the rule as set forth in Banque...
In Aaron M. Ogletree v. Cleveland State University, the US District Court for the Northern District of Ohio granted summary judgment in favor of plaintiff finding that the university’s online testing procedures violated Mr. Ogletree’s rights under the Fourth Amendment. At issue was a camera scan of the bedroom of his residence in which Mr. Ogletree was testing and which...
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