A jury in the District Court for the Southern District of Illinois in the case of Alexander v. Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. In this author’s personal opinion, the District Court got it all wrong.
Continue Reading Tattoo Artist Copyright Win Will Create Uncertainty Over Celebrities with Tattoos

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama “Inventing Anna.”
Continue Reading The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton.
Continue Reading Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction

Many people associate brands with particular colors – if you think of Tiffany & Co., you think of its famous robins-egg blue boxes and branding; if you think of Barbie, you can see the bright pink that came with so many childhood toys. Not many people realize, however, that brands can trademark those colors and prevent others from using them.
Continue Reading Corporations Can Own Colors – and They Can Sue You for Using “Their” Color

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Vans and MSCHF, over MSCHF’s new sneaker line that contains “striking visual similarities” to Vans shoes and packaging.
Continue Reading 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans