Archives for October 2015

Chris Martin, founder of Last Match Studios and designer of original apparel graphics, is claiming that some of his original designs, known as the “Martin Designs” were copied by the designers at Ralph Lauren’s Denim & Supply used printed on graphic tees. Martin’s complaint asserts that “the comparison makes apparent that the elements, composition, colors, arrangement, layout, and appearance of the designs at issue are substantially similar.”

According to The Professional Association for Design, designers original work can be protected under copyright law when the derivative is “substantially similar” to the original artistic expression and is adequate enough so that the “average person” would conclude that the derivative work was based on or adapted from the original work.

For a complete description of this case, read more on The Style of The Case here.

To read the complaint in full, click here.

To learn more about how CASTAYBERT PLLC can do for you in terms of Fashion Law, click here.

A situation familiar to many artists pursuing their creative careers while working another job to pay the bills, was brought to light in the Tax courts with a case involving the I.R.S and the artist, and professor, Susan Crile.

Crile, whose work is show at the MET, the Guggenheim, and several other major institutions, was accused by the I.R.S. of underpaying her taxes based on the contention that her work as an artist over the last several decades was, for tax-deduction purposes, not a profession.

Records shown in court revealed that between 1971 and 2013, Crile’s artistic endeavors were only profitable three years, yet the I.R.S. accused her of underpaying her taxes by more than $81,000 from 2004 to 2009. They argued that her work as an artist was “an activity not engaged in for profit,” and that she could not claim tax deductions in excess of the income she made form her art.

The judge in the case ruled that Crile had “an actual and honest objective of making a profit” and therefore under tax law should be considered a professional artist.

Testifying on Crile’s behalf, Robert Storr, dean of the Yale School of Art, said that the ability to deduct art-related expenses was “one of the last remaining areas where the federal government cuts artists any slack to allow them to do what they do,” and that its protection was crucial, according the an article written by the New York Times.

To learn more about what Castaybert PLLC can do for you in terms of Art Law, click here.

On October 20, 2015, The Sixth Circuit Court of Appeals has re-confirmed, once again, that recipes are not subject to copyright protection.

The original ruling arose in the case of Rosemarie Carroll, who accused ex-business partner Larry Moore, and others, of copying recipes she had purchased the rights to when they parted ways in 2007, and using them for their new catering business. Carroll, who had made a cookbook based on the recipes, sued for copyright infringement and other state law claims.

The Sixth Circuit upheld the district court’s dismissal of Carroll’s copyright claim, on the basis that the cookbook was not creative enough for protection. It noted that the cookbook was a compilation of recipes, and said it would only be subject to copyright protection if it was an original, meaning if it had some creative aspect. The Sixth Circuit’s ruling was anchored to the long-standing rule that recipes themselves do not enjoy copyright projection because the list of ingredients is merely a factual statement. And a recipe’s instructions, as functional directions, are statutorily excluded from copyright protection pursuant to 17 U.S.C. § 102(b).

Notably, courts have found that cookbooks can be copyrighted as original compilations if authors “lace their directions for producing dishes” with creative content such as stories about times the dish was made.

To learn more about what Castaybert PLLC can do for you in terms of Copyright and Trademark protection, click here.

André Castaybert volunteered as a judge for the Orison S. Marden Moot Court Competition at New York University School of Law on Tuesday, October 13. The problem was prepared by Michael Lombardi, a 3L on the Moot Court Board, on the Microsoft Ireland Warrant Case presently before the Second Circuit.

The issue was based on whether the Stored Communications Act permits a U.S. District court to issue a warrant for electronic files stored by an American internet service providers on servers located in a foreign country, or if the presumption against the extraterritorial application of United States law bars the use of the statute in its current form.

This was the Fall Preliminary Round. The top twelve competitors will move on to the Spring Elimination Round and four finalists will then advance to the Final Argument. Justice Elena Kagan of the United States Supreme Court will lead the judging panel for the Final Argument.

André Castaybert attended ‘Litigating Construction Project Disputes’ on October 5, 2015, a program sponsored by the Construction Law and State Courts of Superior Jurisdiction Committees of the NYC Bar.

Program Chair Virginia K. Trunkes, of Ganfer & Shore LLP, lead an experienced panel of speakers including attorneys in private and government practice, as well as related professionals, who provided a comprehensive overview of lien law, construction-project dispute issues and particular enforcement remedies and defenses.

To learn more about how CASTAYBERT PLLC can assist you with the issues arising in the context of Construction Law, click here.

Who will be the footwear industry’s consumer in 2030? A consumer influenced by sustainability, fashion and the rising cost of labor and leather, according to World Footwear, a research initiative of Portuguese Footwear, Components and Leather Goods Manufacturers’ Association (APICCAPS.) World Footwear publishes international intelligence on the footwear market through two main channels:

A paper edition of the World Footwear Yearbook
An electronic platform,www.worldfootwear.com, updated daily with relevant news and articles about the footwear industry and its main players.

The Footwear Consumer 2030 Report examines global economic, social, demographic and cultural trends and how each will shape the buying habits of footwear consumers worldwide. According to an article on VampFootwear.com, the 2030 Consumer Report touches on seven main factors, from social media to the aging of a key demographic, that will change the industry’s future consumer.

To download your free copy of the study, click here.

To learn more about how Catsaybert PLLC can assist you in Fashion Law matters, click here.

Andre Castaybert attended the launch event ‘Awaken Your Inner Rockstar,’ this past week at Studio 450 Penthouse in Manhattan to celebrate the dynamic partnership between friend Margo Manhattan, designer of celebrity-favorite jewelry line Margo Manhattan, in her newest venture with the home shopping network Evine Live.

Margo is known for mixing and matching different types of stones, materials, chains, rings, bracelets and pendants, to create a signature look. Her Madison Avenue boutique is a beautiful jewel box on the Upper East Side and is not to be missed.

To learn more about Margo’s jewelry, click here.
To learn more about Evine Live, click here.

To learn more about how CASTAYBERT PLLC can help emerging brands in the Fashion and Jewelry space click here.

Andre Castaybert attended the rooftop event hosted by Maker’s Row last night in Brooklyn, celebrating their success and providing a platform for brands and designers, passionate about manufacturing in the U.S., to share their brand stories.

For anyone just hearing about Maker’s Row, it is a web-based service that provides access to industry specific factories and suppliers across the U.S., currently helping over 80,000 businesses connect with American manufacturers.

The brands featured at the event were both up-and-coming and established, selling a range of products from men’s grooming products to womenswear. To shop the featured brands of the evening, plus a ton of other great brands, check out Maker’s Row online store. Or visit the featured brands own websites:

Ace & Everett, click here.
Tabii Just, click here.
Owen & Fred, click here.
Fellow Barber, click here.

To learn more about the ways in which CASTAYBERT PLLC can assist entrepreneurs and emerging brands in Fashion and Apparel click here.