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Expanding Protections for Artistic Features of Utilitarian Objects
In April 2004, the Second Circuit Court of Appeals reversed a district court's conclusion that the features of Mattel's “CEO Barbie” and “Neptune's Daughter Barbie” were not protected by copyright. With little discussion, the three judge panel unanimously held that while Mattel's “particularized expression” in a “doll visage with upturned nose, bow lips, and widely spaced eyes” does not prevent a competitor from creating dolls with upturned noses, bow lips and widely spaced eyes, it does bar a competitor from copying Mattel's “realization” of the particular Barbie's features. Mattel, Inc. v. Goldberger Doll Manufacturing Co., 365 F.3d 133, 136 (2d Cir. 2004).
Shortly after that decision was published, the Seventh Circuit Court of Appeals in Pivot Point International, Inc. v. Charlene Products, Inc. had a much more difficult time determining the copyright protection afforded to a very similar product. 372 F.3d 913 (7th Cir. 2004). In Pivot Point, the manufacturer of mannequin heads for use in makeup and hairstyling practice sued another manufacturer that had made a virtually exact copy of Pivot Point's “Mara” mannequin head, made to portray a model's “hungry look.” In a lengthy opinion, the Court of Appeals reversed the lower court decision (by Judge Frank H. Easterbrook of the Court of Appeals, who had been sitting by designation) and ruled that the mannequin's facial features were copyrightable.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.