We had previously covered the March 22, 2017 U.S. Supreme Court copyright ruling on designs on cheerleader uniforms. In Star Athletica, L.L.C. v. Varsity Brands Inc., a majority of the U.S. Supreme Court ruled that the two-dimensional designs on cheerleaders uniforms were at least in theory eligible for copyright protection. On August 10, 2017, seven years after this case was originally initiated, the trial court refused to send the case into overtime and dismissed Star’s complaint with prejudice in a way that serves as a reminder that, although a plaintiff can control when to bring a case, the plaintiff case lose control over when that case should be withdrawn. (Varsity Brands, Inc. v. Star Athletica, LLC, Case No. 10-02508 (W.D. Tenn. Aug. 10, 2017 & June 20, 2018).
2018
Mirror, mirror on the wall, what’s my taxable Insta value after all?

In sad news for celebrities and Instagram influencers across Australia, the introduction of the so-called ‘fame tax’ as part of a raft of integrity measures announced in the 2018/19 budget means that they could end up paying higher taxes on…
U.S. Copyright Office proposes new fee schedule – updated
If your business discovered that its revenue covered only 60% of its costs, it would be time for a re-examination of operations. According to the U.S. Copyright Office’s notice in the May 24, 2018 Federal Register (83 Fed. Reg. 24054), historically, the fees collected by the Copyright Office covered only 60% of its costs. It has proposed for public comment a new fee schedule, which includes many higher fees and some new fees.
Social media influencers – to “like” or not to “like?”
Today, social media influencers are a key resource used by businesses to engage with consumers. Influencers include celebrities, bloggers or simply popular social media users in speciality areas like beauty or travel. Social media influencers’ posts can attract thousands, and…
The Royal wedding: a prince, a Hollywood star…and IP law
With the Royal wedding of Prince Harry and Hollywood star Meghan Markle fast approaching, companies may be looking at leveraging the glamour of this event in their advertising and products and capitalising on the ‘Royal effect’.
Off with their heads?
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Career Step – Lessons on joint authorship of copyright
A recent decision of the Federal Court of Australia, Career Step, LLC v TalentMed Pty Ltd (No 2) [2018] FCA 132 (Career Step) provides a useful reminder of the principles that apply when determining whether a new copyright…
Canada: out of line in combatting counterfeiting
For the first time since 2012, Canada has once again been named to the “Priority” Watch List in the 2018 Special 301 Report on Intellectual Property Rights, put out by the Office of the United States Trade Representative (USTR).
This…
Threat or hope for Louboutin’s iconic red sole trade mark? AG Szpunar opines that a mark’s ‘reputation’ should not be confused with ‘substantial value’
The trade mark consists of “the colour red (Pantone 18 1663TP) applied to the sole of a shoe as shown (the contour of the shoe is not part of the trade mark but is intended to show the positioning of…
New York’s Right of Publicity – Take Two
We had previously written about a September 1, 2016 ruling from a New York State appeals court relating to New York’s right of publicity and claims brought by celebrities Lindsay Lohan and Karen Gravano against the creator and distributor of…
Changes proposed regarding parallel imports – An exhausting concept for Australian trade mark owners?
In this article, we consider;
- the changes to the Trade Marks Act proposed in respect of parallel imports which the Draft Explanatory Memorandum states are aimed at ensuring that the law “better meet[s] the objective of facilitating the parallel
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