On Tuesday, December 5, 2023, the U.S. Court of Appeals for the Second Circuit ruled in favor of Vans, a popular manufacturer of skateboarding shoes and apparel, blocking sales of art collective MSCHF's Wavy Baby sneakers, a purported parody of Vans' Old Skool shoes.
Articles Posted in Appeals
Nasdaq Diversity Rule Upheld by Fifth Circuit
The Fifth Circuit on Wednesday upheld a Nasdaq rule requiring companies listed on its exchange to have women and minority directors on their boards or provide an explanation as to why they do not.
Supreme Court Declines to Hear Case Challenging New York Times v. Sullivan
On Tuesday, October 10, 2023, the United States Supreme Court denied review in Blankenship v. NBCUniversal, a lawsuit seeking to challenge the actual malice rule for defamation cases
U.S. Supreme Court Rules in Favor of Photographer in Copyright Dispute Over Andy Warhol’s Prince Series Prints
The United States Supreme Court ruled in favor of photographer Lynn Goldsmith in her copyright lawsuit against the Andy Warhol Foundation for the Visual Arts concerning Andy Warhol's Prince Series prints. The lawsuit settles a split among appeals courts concerning the fair use defense in copyright cases.
Football Injury Is No Defense to Bank Fraud, 6th Circuit Rules
A disbarred Tennessee personal injury lawyer was not entitled to assert that head injuries from his college football career, including possible CTE, negated the intent element necessary to convict him of federal bank fraud, the Sixth Circuit ruled.
U.S. Government Files Amicus Brief Supporting Photographer in Andy Warhol’s Prince Series Prints Copyright Case
The United States government filed an amicus brief on Monday, August 15, 2022, supporting photographer Lynn Goldsmith in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, a United States Supreme Court case concerning the fair use defense in copyright cases.
U.S. Supreme Court to Settle Copyright Dispute Over Andy Warhol’s Prince Series Prints
On Monday, March 28, 2022, the United States Supreme Court granted a writ of certiorari in The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith and Lynn Goldsmith, Ltd. The case seeks to clarify a split between the Ninth Circuit Court of Appeals and the Second Circuit Court of Appeals concerning the fair use defense in copyright cases.
Second Circuit Court of Appeals Upholds Verdict for Google in Song Lyrics Lawsuit
On Thursday, March 10, 2022, a three-judge panel for the U.S. Court of Appeals for the Second Circuit upheld a verdict favoring Google in a lawsuit brought by song lyrics website Genius. The lawsuit claimed that Google was displaying transcribed lyrics scraped by Google from Genius in search results in violation of Genius's copyright.
7th Circuit Upholds Dismissal of Lawyer’s Lawsuit Over Negative Online Reviews
On Friday, January 28, 2022, the U.S. Court of Appeals for the Seventh Circuit upheld a district court's ruling dismissing a lawyer's lawsuit concerning negative online reviews. The appeals court ruled that the negative reviews were expressions of opinion that could not support a libel claim.
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Appeals, Defamation
Abel “The Weeknd” Tesfaye’s Copyright Infringement Ruling Upheld on Appeal
On October 8, 2021, the U.S. Court of Appeals for the Ninth Circuit upheld summary judgment entered in favor of singer Abel "The Weeknd" Tesfaye. The summary judgment entered in the U.S. District Court, Central District of California, concerned a copyright infringement claim alleging that The Weeknd's song A Lonely Night copied Brian Clover and Scott McCulloch's song I Need to Love.
