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On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, 2022 WL 2466775 (S.D. Fla. July 7, 2022), which began by posing the following question: “Can a banana taped to a wall be art?” At issue was a claim by artist Joe Morford that his sculptural diptych, “Banana & Orange,” allegedly created in 2000 and shown at left below, was infringed by a work titled “Comedian” by internationally famous artist Maurizio Cattelan, shown at right below. Both works prominently feature a banana affixed to a wall with silver duct tape, though plaintiff’s banana is plastic and defendant’s is overripe:
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Federal Circuit Analyzes Specification and Prosecution History Claim Language Usage
By Matthew Siegal
University of Massachusetts v. L’Oréal
Absent an express disclaimer or special definition of how a term is to be interpreted, it can be frustrating to get a court to reject the plain and ordinary meaning of claim language read in a vacuum, based on the subtleties of how a term is used in a patent or its prosecution history.
Digital Advertising: Customer Confusion and Trademark Infringement
By Stephen M. Kramarsky and John Millson
In the absence of a federal statutory scheme specifically aimed at digital advertising practices, the courts have focused on consumer-facing issues covered by existing law, such as privacy, transparency, and deceptive or misleading advertising practices. But digital advertising technology can also present new challenges in copyright and trademark protection.
By Stan Soocher
How far back from accrual of a claim may a plaintiff reach for copyright damages?
By Howard Shire and Stephanie Remy
Copyright Standing and Fifth Circuit Trade Dress Factors
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