Ashley K. Justice

Trade Dress Requires Separate Articulation and Distinctiveness Requirements
By Ashley K. Justice on Feb 20, 2025
Posted In Trademarks
The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the plaintiffs to articulate distinctiveness of trade dress infringement at the pleading stage. Cardinal Motors, Inc. v. H&H Sports Protection USA...
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Religious Texts, Copyrights, and Estate Law: A Case of Strange Bedfellows
By Ashley K. Justice on Feb 13, 2025
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted works were not works for hire under copyright law, that the leader therefore had the right to...
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