Intellectual Property Law
New Matter SPRING 2022, VOLUME 47, EDITION 1
Content
- 2022 New Matter Author Submission Guidelines
- A Look At the Trademark Modernization Act - One Year In
- Biogen Ma Inc. V. Emd Serono, Inc.
- INTELLECTUAL PROPERTY SECTION Executive Committee 2021-2022
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2021-2022
- INTELLECTUAL PROPERTY SECTION New Matter Editorial board
- Letter From the Chair
- Letter From the Editor-in-chief
- McLe Trademark Law's Protection For Image and Likeness ... At Least If You're Famous
- Miramax's Lawsuit Against Quentin Tarantino May Set Precedent For Classification of Nfts
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Table of Contents
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Trade Secret Report
- Ttab Decisions and Developments
- Andy Warhol Foundation V. Goldsmith Redux
ANDY WARHOL FOUNDATION V. GOLDSMITH REDUX
Alexandra Darraby
Art Law Firm
Procedural History of the Warhol Case
For details of the facts and analysis of Andy Warhol Foundation v. Goldsmith, see NEW MATTER (Fall 2021), discussing the district court summary judgment for the Foundation and the reversal and remand by the Second Circuit (Warhol I).1 Shortly after Warhol I, the U.S. Supreme Court decided Google LLC v. Oracle America, Inc., a fair use case involving computer code.2 The Warhol Foundation thereafter obtained a rehearing that led to withdrawal of Second Circuit’s prior opinion and a superseding opinion (Warhol II).3 In Warhol II, the Second Circuit incorporated Google, upheld its earlier reversal of Warhol I, vacated summary judgment on the infringement counterclaim and remanded. The Warhol Foundation filed a petition for certiorari at the U.S. Supreme Court, docketed December 13, 2021. As a matter of fairness to both parties, in-depth evaluation will wait until a response is filed to the petition for certiorari. Stay tuned and connected!
Below is a brief review, an update on the sequel Warhol II and a prequel to the future of transformative fair use based on Google.