After literally years of waiting, we've finally gotten a ruling from the Ninth Circuit in the (second) Omega v. Costco appeal...
The still-amorphous equitable defense is, however, addressed in the much more in-depth opinion concurring in the judgment (which, appropriately, calls out the other two judges on the panel for basing their ruling on a legal issue not even in dispute at this point in the litigation -- the so-called "first sale" doctrine -- rather than the "copyright misuse" question that was actually briefed and argued before the appellate court.)
Analysis and commentary forthcoming... (Sorry, it's a busy week; classes just started up again at NYU Law, and courses in other divisions of the university begin this coming Monday.) [UPDATE (2/6/15): You know, I think I'm just going to have to share my thoughts on the Omega decision at this February 19th panel/CLE co-hosted by NYU Law and The Copyright Society of the USA. Register ASAP!]
Interview for Washington Square News (NYU student newspaper) article, "Fashion, lawsuits an unexpected pair"
Washington Square News, NYU's Independent Student Newspaper, has published an article, "Fashion, lawsuits unexpected pair," in its November 5, 2014, issue. In the piece, staff reporter Sam Del Rowe interviews Barbara Kolsun (Stuart Weitzman GC, NYU adjunct prof, and co-editor (with FIT professor Guillermo Jimenez) of Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys -- to which I contributed a chapter on copyright law) about the current lay of the land.
Del Rowe goes on to ask this writer, one Charles Colman, about his views on life, law, and the pursuit of unlawful monopolies. He selects a portion of my answers to his questions, but -- for anyone who is interested -- I've copied my unedited responses to Del Rowe below (hyperlinks added):
[Original post redacted.]
Great news: Prof. Gary Watt's "Dress, Law and Naked Truth: A Cultural Study of Fashion and Form" is now open-access!
One of the most provocative and valuable works of legal scholarship on dress, Gary Watt's Dress, Law and Naked Truth: A Cultural Study of Fashion and Form, is now available through a Creative Commons license:
I have uniformly positive things to say about this book -- for example:
"Professor Watt's book represents such a dramatic leap forward in legal thought about dress that it demands the recognition of a new category of scholarship. Dress, Law and Naked Truth presents an array of startlingly original ideas about the relationship between dress and the law. Happily, Watt's book manages to combine intellectual heft with beautifully crafted prose, making it not only a remarkable scholarly accomplishment, but also a joy to read."
At some point, this writer and/or one of his sparkling new Of Counsel (bios for Yin Huang and Naveen Thomas here) will resume posting to this blog with regularity. But now is not the time, due to several speaking engagements at conferences and symposia taking place in the coming weeks -- and, of course, because of my teaching responsibilities at NYU Law. (Another crop of brilliant students this year, by the way!)