In my humble opinion, the decision in Cariou v. Prince, Case No. 11 CV 1197 (2nd Circuit, 4/25/13)is wrongly decided.  Self-proclaimed “appropriation artist” Richard Prince took a book of photographs by Patrick Cariou, blew them up to canvas size, and in most works, slightly altered the Rastafarian subject, painting blue lozenges over the subject’s eyes or pasting…

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In my humble opinion, the decision in Cariou v. Prince, Case No. 11 CV 1197 (2nd Circuit, 4/25/13)is wrongly decided.  Self-proclaimed “appropriation artist” Richard Prince took a book of photographs by Patrick Cariou, blew them up to canvas size, and in most works, slightly altered the Rastafarian subject, painting blue lozenges over the subject’s eyes or pasting…

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A friend wanted to file a U.S. trademark application, but knew about a similar trademark that is used exclusively outside the U.S.  Should she rush to file an application here, or would she be preempted by a foreign trademark registration? The answer, of course, is maybe.   Section 44(d) of the Lanham Act, also known as…

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