Matthew Hersh

FEATURED RECENT WRITINGS

Aug 15, 2022: I wrote this amicus brief on behalf of photography expert Jeff Sedlik in the Supreme Court case of Warhol v. Goldsmith.

SELECTED CLIPS FROM THE IP LAW DAILY

Northeast Supreme v. Northeast Angels, 12/2/22

Boys against girls: Softball league is enjoined from using a baseball training facility’s marks

Getty Images v. Car Culture, Nov 14, 2022

Stay in your lane: Getty can’t force classic car photographer into arbitration proceedings

Punchbowl v. AJ Press, Nov 14, 2022

Who spiked the punch? Punchbowl News did not infringe event planning company’s ‘Punchbowl’ mark

Teva v. Eli Lilly, 10/3/22

Teva-Lilly battle over migraine medication creates a headache of its own for the court

Structured Asset Sales v. Sheeran, 9/29/22

Let’s get it on: Marvin Gaye--Ed Sheeran clash edges closer to trial

River Light v. Olem, 9/27/22

The thong remains the same? Sandal-maker accuses competitor of copying its marks

Lyga v. Warner, 9/21/22

‘Prodigal Son’ was illicit offspring of popular series of novels, a new complaint asserts

Hayden v. 2k Games, 9/20/22

Does an NBA video game ‘transform’ a player’s tattoo? A jury will have to decide

Polaris Innovations v. Brent, 9/15/22

Questions over “vacatur of vacatur” procedure once again rear their head

Shake Shack v. Brand Design Company, 9/9/22

Shake Shack Shakedown? Venerable burger chain pushes back over typeface dispute

Saber Interactive v. Oovee, 8/30/22

Lawsuit brings together two video games, the First Amendment, and a 1960s Soviet tractor

Lopez v. Pandora Media, 8/23/22

Pandora’s royalty policies are no joke to comedian George Lopez

Lee v. Anthony Lawrence Collection, 8/24/22

Fight song of historic black university can’t be the subject of an infringement suit

JTH Tax v. AMC, 8/1/22

In hit show Better Call Saul, art imitates reality, and reality bites back

Estate of Henry Joseph Darger v. Lerner, 7/27/22

A long-running dispute over the legacy of a famously reclusive artist reaches the federal courts

Lang Van v. VNG., 7/21/22

After eight-year saga, copyright owner manages to land an alleged Vietnamese infringer in U.S. courts

Starz v. MGM, 7/14/22

A sharp circuit split emerges over discovery rule damages lookback

Pyrotechnics Management v. XFX, 6/29/22

Digital messages to ignite pyrotechnics system lacked ‘even a spark of creativity’

Crowley v. Jones, 6/22/22

iLicensing 1.0: Lawsuit over scope of text message license survives early challenge

Dramatic Publishing v. Carter, 6/17/22

Dispute over To Kill a Mockingbird stage rights sent back to arbitration

Yonay v. Paramount, 5/6/22

Writer’s heirs have no loving feeling for Top Gun remake

Champlin v. Music Sales Corp., 5/31/22

Writer of ‘After the Love Has Gone’ finds no love lost with his publisher

Goldstein Productions v. Habeeb, 5/24/22

‘Cheaters’ may prosper, but they cannot compel arbitration

Harrington v. 360 ABQ, 5/19/22

Trolling the troll: A rare defense of copyright misuse moves forward

Hermès v. Rothschild, 5/18/22

First Amendment applies to digital tokens for ‘fur-covered Birkin handbag’

Sketchworks v. Jacobs, 5/12/22

Sendup of ‘misogynistic features’ of the musical ‘Grease’ is protected as parody

Keatley v. The Escape Game, 5/5/22

Maker of ‘The Escape Game’ wriggles free of attorney fees

Acuti v. Authentic Brands, 5/4/22

A happenstance signature on a document does not create a copyright termination right

United King Film Distribution v. Does, 4/26/22

An injunction targeting the operators of infringing websites may test the outer boundaries of judicial power

Wise Man Brewing v. Three Bridges Distillery, 4/22/22

A bridge too far: No protection for brewery named after notable local landmarks

Waite v. UMG, 4/15/22

Pop star John Waite, along with other recording artists of the past, seek to reclaim lost rights

Yeager v. Airbus, 4/20/22

Legendary test pilot’s personal jurisdiction argument won’t fly

Texas Lottery Commission v. Ansari, 4/18/22

One step back: Texas lottery fails to block registration of another ‘Texas Two Step’ mark

Sunlighten v. Finnmark, 3/31/22

A sauna’s appearance on ‘Dr. Oz’ winds up invalidating its patents

Hanagami v. Epic Games, 3/29/22

How long (has this been going on): Lawsuit contends Fortnite Battle Royale infringes well-known “How Long” dance choreography

Illumina v. BGI, 3/27/22

Another California slapdown: San Diego company proves a competitor willfully infringed even without specific knowledge of each purloined patent

Piccard v. Deedy, 3/21/22

No such thing as a ‘publisher infringement’ claim, a puzzled court finds

Parker v. Hinton, 3/9/22

No deposit, no returns: Failure to deposit a song with the Copyright Office precludes royalty lawsuit

Oliver v. Meow Wolf, 3/7/22

A ‘House of Eternal Return’ pays only short-term dividends, an artist contends

Wolman Archives v. Complex Media, 2/22/22

Arise and bear witness: Notorious attorney, now disbarred from practice, can still provide testimony in support of former client

Dellamorte v. The Michaels Companies, 1/27/22

Vampire Diaries (global edition): Sale of a “vampire bat” mug on Amazon and other global platforms held sufficient to support claim of access in China

VHT v. Zillow, 1/26/22

Home free: Zillow escapes major damages in copyright lawsuit over its Digs platform

Garan v. Manimal, 1/25/22

A mention on Jeopardy! bolsters the fame of the GARANIMALS mark

Beata Music v. Danelli, 1/6/22

Good Lovin’ (Gone Bad): Former member of The Rascals fails in bid to assert rights in band name

Elliott v. Cartagena, 1/5/22

Miami rapper draws the short stack over a meeting at the IHOP

In Re DMCA Subpoena to Twitter, 12/29/21

Photos of a billionaire’s ‘hot young girlfriend’ lead to the unmasking of an anonymous Twitter user

Solid 21 v. Breitling , 12/10/21

Red Gold and Green: Maker of six-figure celebrity watch is denied a trial on trademark claim

Broecker v. Widows Sons, 11/15/21

Masonic motorcycle organization casts the first stone, wins round one in lawsuit against fellow biker group

ESI Group v. Wave Six, LLC, 11/9/21

Can you hear me now? Lawsuit for theft of acoustic modeling technology gets the go-ahead for trial

VPR Brands, LP v. HQDTech USA LLC, 10/28/21

Sometimes a cigarette is just a cigarette: Complaint’s reference to “electronic cigarettes” held enough to put defendant on notice of infringement claim

Horror Inc. v. Miller, 9/30/21

Return of Jason: Screenplay for Friday the 13th goes back to its original author

Lubby Holdings LLC v. Chung, 9/21/21

Don’t get high on your own supply: Vaping company overreached in demand for infringement damages

Shepard v. Wo Hop City, Inc., 9/20/21

How to restrain your dragon: Artists win infringement case against legendary Chinatown restaurant

La Michoacana Natural, LLC v. Maestre, 9/7/21

Michoacana’s revenge: Infringement lawsuit over a popular style of Mexican ice cream boomerangs on its filer