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            The United States District Court for the Southern District of New York recently determined that Mashable lawfully used a photojournalist’s photograph pursuant to a sublicense from Instagram. Following a motion to dismiss by defendants, Mashable and parent company, Ziff Davis, the court held no copyright infringement had occurred by embedding the Instagram photo in an article. As a result, the plaintiff’s, Stephanie Sinclair, complaint for copyright infringement was dismissed.             The dispute began in March 2016, when an article titled “10 female photojournalists with their lenses on social justice” was published. The article highlighted the work of ten female…

            Eko, an interactive video company, accused Quibi of infringing one of its patents as well as misappropriating its trade secrets. In response, Quibi preemptively filed a complaint in the United States District Court for the Central District of California seeking a declaratory judgment of non-inringement of Eko’s patent and no misappropriation of trade secrets. The following day, Eko filed a complaint for patent infringement in the same court.             In Quibi’s original complaint, the mobile-video company seeks relief from Eko’s attempts to tarnish Quibi’s brand and interfere with the highly anticipated launch of its platform. Quibi argues Eko’s allegations…

            In August 2019, Panda Express sent a cease and desist letter to a Gilbert, Arizona-based restaurant, Panda Libre, which offers “Mexican and Asian Fusion” cuisine. In this correspondence, the fast food giant advised Panda Libre of its trademark rights and demanded that it cease using the mark, PANDA LIBRE. The proprietors of Panda Libre failed to respond to this letter in writing. However, attorneys on behalf of Panda Libre advised Panda Express’ counsel that it is unwilling to change its name and intends to continue use of the same.             Panda Express was originally founded in 1973 as “Panda…

            A San Francisco-based tattoo artist, known as Sweet Cicely Daniher, is suing the Walt Disney Motion Pictures Group, Pixar Animation Studios and Kori Rae, producer of the movie Onward, for creating an animated version of her unicorn van without her permission. Moreover, Daniher alleges that her “vanicorn” was copied under “wickedly misleading pretenses.” As such, the plaintiff demands compensatory damages, statutory damages, and an injunction, such as to restrain the defendants from promoting, selling, or marketing the allegedly infringing motion picture, which is set to release in March.             Daniher is an artist, photographer and tattooist based in San…

            In this weekend’s Super Bowl LIV, the San Francisco 49ers face the Kansas City Chiefs. Meanwhile, off the field, the Dallas Cowboys are prepared to take on the 49ers in a court of law. In the 49ers’ long march to the Super Bowl, linebacker Kwon Alexander filed two trademark applications for “HOT BOYZZ” and “HOT BOYZZ UNIVERSITY.” Cowboys’ defenders and, namely, DeMarcus Lawrence claim they have been using the moniker since 2018 and that the 49ers copied it one year later.             In October 2018, Tankland Ventures, LLC, an entity owned by DeMarcus Lawrence, filed a trademark application for…

            Late in 2019, Rolex filed a lawsuit in the United States District Court for the Central District of California alleging that California-based laCalifornienne has been marketing and offering for sale counterfeit timepieces bearing Rolex’s trademarks. Rolex has been offering for sale its iconic timepieces for more than 114 years, including one of its most popular designs, the Rolex Oyster Perpetual. Rolex possesses trademark rights in and to ROLEX, OYSTER, and OYSTER PERPETUAL, in addition to trade dress in the designs of its timepieces. The lawsuit lists causes of action for trademark infringement, counterfeiting, and false designation of origin.            …