Myers Berstein
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Intellectual Property Archives

OH COSTCO, INFRINGEMENT AGAIN?

On August 14, 2017, District Judge Laura Swain, Southern District of New York, issued her Memorandum Opinion and Order ("Order") in the case of Tiffany and Company v. Costco Wholesale Corporation. In her Order, Judge Swain found that Tiffany is "entitled to recover trebled profits of $11.1 million" and "punitive damages of $8.25 million" against Defendant Costco. Judge Swain's Order follows her granting of summary judgment in favor of Tiffany "holding Costco liable for trademark infringement and trademark counterfeiting . . . with respect to engagement rings sold under [Costco] signage the referenced the mark "Tiffany" as a standalone term" in the absence of modifiers such as "setting," "set," or style." The latter modifiers being standard in the industry and for which Tiffany did not initiate claims against Costco if such modifiers were present.

The Unauthorized Pop-Up Art Exhibit: Artist Discovers Knock-Offs of His Artwork All Around OC

Wakefield Sculpture.jpgA Southern California artist, Donald Wakefield, was surprised to find unauthorized knock-offs of his art years after he created and gifted his one-of-a-kind granite sculpture to a colleague's son.  His original sculpture, "Untitled" (pictured on the far left), was created in 1992. 

SiriusXM and The Turtles are Not So Happy Together: Royalties Owed for Satellite Radio Use of Pre-1972 Recordings Pending Court Approval

TheTurtlesGettyImages.jpgFormer members of the 1960s rock group, The Turtles, brought a class action lawsuit against SiriusXM back in 2013 for playing their pre-1972 recordings without their permission. Just as the case was set to go to trial, SiriusXM decided to settle with the band and thousands of recording owners for a whopping $99 million.

Disney drama reveals the depth of China's IP problems

rollycoasterx.JPGChina has long been depicted as a wild west for intellectual property rights. For decades it was famous as a pirate publisher and maker of knockoff products.

DRESS UP AS A CELEBRITY---IF YOU DARE: How Right of Publicity Issues May Arise When Choosing Your Halloween Costume

M&B BATMANJOKER.jpgHalloween 2016 is sure to bring some of the most entertaining pop culture costumes like the characters from Suicide Squad. These characters belong to DC Comics and costume companies that create and sell these type of costumes for profit must license out the intellectual property for each costume design from its respective owner.

She Stole My Look!

Fashion is big business and, with good reason, clothing designers and companies are always looking for ways to protect their designs and collections. So how can a designer or company prevent others from stealing their designs?