Vera claims that Kate Spade’s floral print is too close to one of its own iconic designs. How would your gavel fall in this case of fashion law?
What’s in a name? When it comes to trademarks, one small snack company is out to prove that their brand deserves its moniker.
When a jean commercial casts a celebrity doppelganger, has the original icon’s likeness been exploited?
Two tattoos, two hangovers, and one lawsuit. Grab your gavel and weigh in on this case of comedy and body art.
New Orleans festivities parade vibrant creativity from street to street, but how would you rule in this case about artists’ rights?
How many ways can one succinctly communicate the keeping and heating up of a turkey? You hold the gavel in this dispute over gravy rights.
In Detroit, a mural by the English artist Banksy exposes a complicated legal conundrum. Chime in with your two cents.
If you’re an independent artist in this here digital age, the chances that you will be inspired by another’s work are quite large. Pretty undeniable, in fact. The chances that your work will inspire other artists during the span of your creative career are equally large. I happen to think that there’s a beautiful kind… Continue reading
As we can see from You be the Judge articles, news stories, and even Law and Order, there are at least two sides to every legal dispute. Sometimes a seemingly clear cut case can get turned on its head by a legitimate excuse, which makes the behavior perfectly legal. In the case of an allegation… Continue reading
My father promised to stop claiming reality TV was “rotting my brain” when I passed the New York State Bar Examination. Many years later he had to keep quiet when MTV introduced the world to a high quality and extremely educational documentary series known as Jersey Shore. Dad, hope you’re proud that I found a… Continue reading
First, the iPod, next the iPhone, and then, on Wednesday, January 27, 2010, the world stood still as Steve Jobs announced Apple’s latest soon-to-be-must-have-product, the iPad. What’s an iPad?According to Apple, the iPad is “our most advanced technology in a magical and revolutionary device at an unbelievable price.” This You Be the Judge post will… Continue reading
Most “You be the Judge” articles examine issues of intellectual property infringement. The Etsy community reviews arguments from both sides, slams down an invisible (yet handmade) gavel, and makes a decision. In this case, let’s look at the issue of who owns a copyright. When is a piece of work owned by a creator and… Continue reading
I’m sitting in my Etsyified office on a beautiful spring afternoon eating some delicious Hershey’s Kisses and researching a newsworthy and entertaining pending issue for the Etsy community to judge. I’m in heaven! I unwrap the silver foil from the bite-sized tear-drop chocolate morsel and pop it into my mouth. Although this treat is delicious,… Continue reading
Copyright infringement is a hot topic on Etsy and in the media. As we see in the You be the Judge series, there are always at least two side to any infringement story. Many artists, lawyers and even judges may disagree as to what constitutes copyright infringement and alternatively what should be deemed fair use… Continue reading
Most of us may associate the word “trademark” with certain products (like the logo on a sneaker, the design on can of cola, or a symbol handbag) and these trademarks help identify the creator of the product. In this “You Be the Judge,” we investigate the trademark of a delicious sugary cupcake decoration. Sprinkles Cupcakes is a… Continue reading