May 2023 – IP Law Watch

U.S. Supreme Court Rules Against Andy Warhol Foundation in Copyright Fair Use Dispute Over Prince Portrait

May 21 2023

In a decision closely watched by the visual arts community and content creators alike, the U.S. Supreme Court held on May 19, 2023, that pop artist Andy Warhol’s orange silkscreen portrait of the musician Prince (“Orange Prince”), adapted from photographer Lynn Goldsmith’s original photograph of Prince, was not “fair use” under copyright law. Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 598 U.S. _ (2023).

Full Federal Court Takes ‘New Aim’ at Experts: Appeal Decision Handed Down in New Aim Pty Ltd v Leung [2023] FCAFC 67

May 16 2023

The Full Court of the Federal Court of Australia handed down its appeal decision on 10 May 2023 in New Aim Pty Ltd v Leung [2023] FCAFC 67 (Appeal). A five judge panel presided over the Appeal and ultimately found in favour of the Appellant, New Aim Pty Ltd, including in relation to appeal ground 12 which contended that the primary judge erred in rejecting the entirety of the written and oral evidence of New Aim’s expert at trial, Ms Chen.

The One That Got Away: Popstar Katy Perry Outperformed by Australian Dark Horse in Longstanding David and Goliath Trade Mark Dispute in Australia

May 08 2023

In the recent Australian Federal Court decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364, Justice Markovic aptly explained “a tale of two women, two teenage dreams and one name” and held that international popstar Katy Perry infringed Australian clothing designer Katie Taylor’s registered trade mark for KATIE PERRY by selling clothing merchandise in Australia branded with her Katy Perry stage name.

A Lidl Decision with big Implications – UK High Court Finds that Tesco’s Clubcard Logo Infringes Lidl’s logo

May 05 2023

In a recent decision, the High Court of England and Wales has found that Tesco’s use of the yellow and blue Tesco Clubcard logos (reproduced below) infringed Lidl’s trade marks (see the relevant Lidl marks below) and also gave rise to copyright infringement and passing off.

Archive:May 2023