In May, skater shoe company, Vans, persuaded a district court judge in NY to halt the pre-sale of a pair of shoes called Wavy Baby, the result of a collaboration of rapper Tyga and MSCHF, a Brooklyn-based design studio that was previously sued by Nike over its Satan Shoe collaboration with NasX. The case is Vans, Inc. v. MSCHF Product Studio, Inc. In Vans’ motion for a TRO, the court determined that Vans would likely prevail on its claims that consumers would be confused between the Wavy Baby sneakers and Vans’ Old Skool sneakers because of their “striking visual similarities” and packaging. Continue Reading MSCHF Looks to the 2nd Circuit to Get Out of Trouble with Vans

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material.

Continue Reading The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision

On June 22, 2022, a New York federal judge dismissed a claim by popular TikTok creator Kelly Manno against Michael Che (former cast member on Saturday Night Live.) Manno claimed that Che copied a comedy bit posted on her TikTok account for his HBO show “That Damn Michael Che.”  Manno sued Che, NBCUniversal, (which produces the show,) and WarnerMedia (which owns HBO Max) alleging copyright infringement. Continue Reading Michael Che of SNL Fame Beats Infringement Claim by TikTok Creator

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story.

Continue Reading The Briefing by the IP Law Blog: Top Gun Maverick – Right Into The Copyright Lawsuit Zone

Most patent claims describe an invention using positive claim limitations that expressly recite the required elements or features of an invention. Sometimes, however, it is necessary, or desirable, to use a negative claim limitation to expressly specify an invention requires the absence of an element or feature. But when is it allowable to claim the negative? Continue Reading When Can a Patent Claim Positively Include the Negative?