43(B)log

OCTOBER 4, 2021

Restellini allgedly “offer[ed] his opinions as to whether or not artworks should be included in the planned catalogue raisonné” in “oral consultation” with WI employees, based on the information and materials “researched, collected, synthesized, analyzed and expressed by” the employees.

False Advertising 59

False Advertising Artwork IP Advertising 59

Kluwer Copyright Blog

JUNE 30, 2021

The District court had further cited another Second Circuit precedent, i.e. the 2013 decision Cariou v. This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment.

Fair Use 102

Fair Use Copyright Law Copyright Law 102

43(B)log

JUNE 24, 2022

Disclaimers/Laura Heymann’s work in 2013: a consumer protection law approach to disclaimers about where you expect to find information. artworks as TMs. Bad faith objection fails b/c never intended to use as TMs; they were widely circulated artworks; it’s always been a © and doesn’t function as a TM.

Trademark Law 75

Trademark Law Law Trademark Registration 75