We’ve seen before how parties have a tendency to drop everything when they sense a chance to do business with the federal government. Authentic Apparel Group et al. v. United States was ostensibly a trademark dispute in the Court of Claims. After the court ruled against them, the plaintiffs appealed to the Federal Circuit.  The…

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In Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith, the Second Circuit sought to clarify our understanding of fair use, and especially transformative use of photos of the rockstar Prince, as interpreted (or copied) by Andy Warhol.  The appellate court reversed a decision rendered by the Southern District of New York. The Andy…

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