My unprintable musings on the "tentative ruling" in AbbVie v. Kitson (a/k/a the "Vicodin jerseys" case)
A reporter recently asked for my views on AbbVie v. Kitson (a/k/a the "Vicodin jerseys" case -- complaint available here, current docket available here), in which Judge Consuelo B. Marshall of the U.S. District Court for the Central District of California has issued a "tentative ruling" in favor of the plaintiff. You might recall that the pharmaceutical company AbbVie filed suit late last year to stop the sale of the shirt on the right:
My response to that reporter ended up being quite a bit longer and more theoretical than I had planned. Since there's no way the majority of that commentary will be printed, I've decided to post it here (in slightly modified form). Voilà:
UPDATE: Photos, below, courtesy of Staci Riordan -- who live-tweeted portions of the event under #UVAFashionLaw -- and David Faux. Special thanks to Professor Dotan Oliar for moderating the morning panel, and to the editorial board of the Virginia Journal of Law & Technology for the invitation and hospitality!
A general update, plus Lauren Moshi LLC v. Target Corp. et al., 2:13-CV-05859 (C.D. Cal.) (Complaint filed Aug. 12, 2013)
Sorry, it's a busy time for this writer: 1L Orientation at NYU Law starts tomorrow (and with it, my teaching obligations), client matters require my attention, I'm on the final stretch of Fashion and Copyright. But while this blog remains quiet, you'll find all the fashion law news fit to post within the confines of my schedule at the LAW OF FASHION LinkedIn group, as well as (some of) the latest legal jobs in fashion.
Rihanna forces Topshop to take a bow in "why is my face on your t-shirt" litigation before the UK High Court of Justice
In the relatively high-profile case of Robyn Rihanna Fenty v. Arcadia Group Brands (T/A Topshop),  EWHC 2310 (Ch), Rihanna has prevailed against Topshop before a division of the UK's High Court of Justice. The court's decision, embedded below, revisits issues that LAW OF FASHION has explored before (in particular, here, here, and here) -- albeit in the context of English rather than U.S. law.
ABA CLE: "Copyright Trolls Are Never in Fashion: Strategies for Fighting Meritless Infringement Lawsuits" (5/24, 12-1:30 pm EDT)
The American Bar Association has an exciting CLE coming up -- at least, it's exciting to me (though, to be fair, I'm speaking on the panel.) The title: "Copyright Trolls Are Never in Fashion: Copyright Infringement Suits and Strategies for Fighting Back."
For your convenience, I've compiled the relevant information here:
Friday, May 24, 2013
12 pm (EDT) to 1:30 pm
1.5 CLE credits in approved states
Format: Live webinar/teleconference